VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01225
Package ID: USCOURTS-cofc-1_21-vv-01225
Petitioner: Howard Beech
Filed: 2021-04-16
Decided: 2022-12-29
Vaccine: influenza
Vaccination date: 2018-10-27
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
On April 16, 2021, Howard Beech filed a Vaccine Program petition after receiving an influenza vaccine on October 27, 2018. He alleged that the flu shot caused a left shoulder injury related to vaccine administration, or SIRVA, and the case was assigned to the Special Processing Unit.

Respondent filed a combined Rule 4(c) report and proffer on December 28, 2022. The public entitlement ruling states that respondent conceded Beech's left shoulder injury was consistent with SIRVA under the Vaccine Injury Table and Qualifications and Aids to Interpretation, and that Beech experienced residual effects or complications for more than six months after vaccination. Because the combined report and proffer contained personal medical history, it was not attached to the damages decision; the public decisions therefore provide only limited clinical detail.

Chief Special Master Brian H. Corcoran granted entitlement and damages on December 29, 2022. Beech was awarded a lump sum of $45,000.00, payable to him, representing all damages available under section 15(a). He was represented by Ryan Truesdale of Groth Law Firm S.C. in Wauwatosa, Wisconsin.

Theory of causation field:
Influenza vaccine (October 27, 2018) causing left shoulder injury related to vaccine administration (SIRVA). COMPENSATED. Respondent conceded Table SIRVA in a combined Rule 4(c) report/proffer: left shoulder injury consistent with SIRVA and residual effects/complications for more than six months. Public damages decision notes the combined report/proffer was not attached because it contained personal medical history, so public clinical detail is limited. Chief Special Master Brian H. Corcoran granted entitlement and damages on December 29, 2022. Award: $45,000.00 lump sum payable to Howard Beech. Attorney: Ryan Truesdale, Groth Law Firm S.C., Wauwatosa, WI.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01225-0
Date issued/filed: 2023-01-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/29/2022) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01225-UNJ Document 32 Filed 01/30/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1225V
UNPUBLISHED
HOWARD BEECH, Chief Special Master Corcoran
Petitioner,
v. Filed: December 29, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
Ryan Truesdale, Groth Law Firm S.C., Wauwatosa, WI, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 16, 2021, Howard Beech (“Petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2
(the “Vaccine Act”). Petitioner alleges that he suffered a left shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered
on October 27, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 28, 2022, Respondent filed a combined Rule 4(c) Report and Proffer
in which he concedes that Petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report and Proffer at 1. Specifically, Respondent states that
Petitioner’s left shoulder injury is consistent with SIRVA as defined on the Vaccine Injury
1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government
Services). This means the Ruling will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:21-vv-01225-UNJ Document 32 Filed 01/30/23 Page 2 of 2
Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”). Id. at 3-4 (citing
42 C.F.R. §§ 100.3(a)(XIV)(B), (c)(10)). Respondent further agrees that Petitioner
suffered the residual effects or complications of his injury for more than six months after
vaccine administration. Id. at 4 (citing Section 13(a)(1)(B); Section 11(c)(1)(D)(i)).
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-01225-1
Date issued/filed: 2023-01-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/29/2022) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01225-UNJ Document 33 Filed 01/31/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1225V
UNPUBLISHED
HOWARD BEECH, Chief Special Master Corcoran
Petitioner,
v. Filed: December 29, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision Based on Proffer;
Influenza (Flu); Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA).
Ryan Truesdale, Groth Law Firm S.C., Wauwatosa, WI, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 16, 2021, Howard Beech (“Petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2
(the “Vaccine Act”). Petitioner alleged that he suffered a left shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered
on October 27, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 28, 2022, Respondent filed a combined Rule 4(c) Report and Proffer
in which he conceded that Petitioner was entitled to compensation for a Table SIRVA.
Respondent’s Rule 4(c) Report and Proffer at 1, 4-5. On December 29, 2022, I issued a
Ruling on Entitlement.
1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government
Services). This means the Ruling will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:21-vv-01225-UNJ Document 33 Filed 01/31/23 Page 2 of 2
Respondent represents that Petitioner agrees to his proffer on an award of
compensation. Respondent’s Rule 4(c) Report and Proffer at 4. Based on the record as
a whole, I find that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the combined Rule 4(c) Report and Proffer,3 I award
the following compensation:
A lump sum of $45,000.00 in the form of a check payable to Petitioner.
Respondent’s Rule 4(c) Report and Proffer at 5. This amount represents compensation
for all damages that would be available under Section 15(a). Id.
The Clerk of Court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal
medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto.
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2