VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01452
Package ID: USCOURTS-cofc-1_21-vv-01452
Petitioner: Aaron S. Bright
Filed: 2021-04-21
Decided: 2023-07-20
Vaccine: influenza
Vaccination date: 2020-10-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Aaron S. Bright filed a petition for compensation under the National Vaccine Injury Compensation Program on June 9, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 2, 2020. The petition stated the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that there had been no prior award or settlement of a civil action for his injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 20, 2023, conceding that the petitioner was entitled to compensation. The respondent noted that the petitioner had no prior history of left shoulder pain, inflammation, or dysfunction; that the pain occurred within 48 hours after the intramuscular vaccination; that the pain was limited to the shoulder where the vaccine was administered; and that no other condition explained the petitioner's shoulder pain. The respondent also agreed that the petitioner suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 21, 2023, finding the petitioner entitled to compensation. Subsequently, on June 14, 2023, the respondent filed a proffer on the award of compensation, which the petitioner agreed to. On July 20, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, granting the petitioner a lump sum payment of $135,000.00 for actual pain and suffering, payable to Aaron S. Bright. Petitioner was represented by JohnDavid Toren of Menzer Law Firm, PLLC, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.

Theory of causation field:
Petitioner Aaron S. Bright alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 2, 2020. The respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting the absence of prior shoulder issues, onset of pain within 48 hours post-vaccination, pain localized to the injection site, and no other identified condition explaining the pain. The respondent also agreed that the petitioner suffered residual effects for more than six months. The case was decided based on the respondent's concession, and no specific medical experts or detailed mechanism of injury beyond the Table definition were described in the public text. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 21, 2023, finding entitlement. A subsequent Decision Awarding Damages on July 20, 2023, granted a lump sum payment of $135,000.00 for actual pain and suffering. Petitioner was represented by JohnDavid Toren, and respondent by Sarah Christina Duncan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01452-0
Date issued/filed: 2023-05-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/21/2023) regarding 35 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01452-UNJ Document 38 Filed 05/22/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1452V
UNPUBLISHED
AARON S. BRIGHT, Chief Special Master Corcoran
Petitioner, Filed: April 21, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
JohnDavid Toren, Menzer Law Firm, PLLC, Seattle, WA, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 9, 2021, Aaron Bright 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 shoulder injury related to vaccine administration
(“SIRVA”) as a result of an influenza (“flu”) vaccine he received on October 2, 2020.
Petition at 1. Petitioner further alleges the vaccine was administered within the United
States, that he suffered the residual effects of his injury for more than six months, and
that there has been no prior award or settlement of a civil action on his behalf as a result
of his injury. See Petition at ¶¶ 2, 18-20. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-01452-UNJ Document 38 Filed 05/22/23 Page 2 of 2
On April 20, 2023, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, Respondent indicates that he
has concluded that petitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table. Specifically, petitioner had no history
of pain, inflammation, or dysfunction of his left shoulder; pain occurred
within 48 hours after receipt of an intramuscular vaccination; pain was
limited to the shoulder in which the vaccine was administered; and no other
condition or abnormality has been identified to explain petitioner’s shoulder
pain.
Id. at 10 (citing §§ 100.3(a), (c)(10)). Respondent further agrees that Petitioner “suffered
the residual effects of his condition for more than six months.” Id. at 10-11.
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-01452-1
Date issued/filed: 2023-07-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/14/2023) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01452-UNJ Document 45 Filed 07/20/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1452V
AARON S. BRIGHT, Chief Special Master Corcoran
Petitioner,
v. Filed: June 14, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
JohnDavid Toren, Menzer Law Firm, PLLC, Seattle, WA, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 9, 2021, Aaron Bright 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 shoulder injury related to vaccine administration
(“SIRVA”) as a result of an influenza (“flu”) vaccine he received on October 2, 2020.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 21, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On June 14, 2023, Respondent filed a proffer on award of
compensation (“Proffer”). Respondent represented that Petitioner agrees with the
proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an
award as stated in the Proffer.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of
2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision 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 (2018).

Case 1:21-vv-01452-UNJ Document 45 Filed 07/20/23 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $135,000.00 (for actual pain and suffering) in the form of a check
payable to Petitioner. This amount represents compensation for all damages that would
be available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 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

Case 1:21-vv-01452-UNJ Document 45 Filed 07/20/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
AARON S. BRIGHT, )
)
Petitioner, )
) No. 21-1452V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 9, 2021, Aaron S. Bright (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that he suffered a shoulder injury related to vaccine administration
(“SIRVA”) as a result of an influenza (“flu”) vaccine he received in his left deltoid on October 2,
2020. Petition at 1. On April 20, 2023, the Secretary of Health and Human Services
(“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded for
SIRVA, and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled
to compensation on April 21, 2023. ECF No. 34; ECF No. 55.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $135,000.00 in actual pain and
suffering. Petitioner agrees.
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:21-vv-01452-UNJ Document 45 Filed 07/20/23 Page 4 of 5
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $135,000.00, representing
compensation for pain and suffering, in the form of a check payable to petitioner, Aaron S.
Bright.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Aaron S. Bright: $135,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:21-vv-01452-UNJ Document 45 Filed 07/20/23 Page 5 of 5
s/ Sarah C. Duncan
SARAH C. DUNCAN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 514-9729
Email: sarah.c.duncan@usdoj.gov
DATED: June 14, 2022
3