VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00079
Package ID: USCOURTS-cofc-1_22-vv-00079
Petitioner: Robert Phoneprasith
Filed: 2022-01-27
Decided: 2023-11-06
Vaccine: influenza
Vaccination date: 2019-10-17
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Robert Phoneprasith filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 17, 2019. He claimed this was a Table injury and that he experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent agreed that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that the petitioner met all legal prerequisites for compensation. Subsequently, a ruling on entitlement was issued, finding the petitioner entitled to compensation. Following this, the respondent filed a proffer on award of compensation, recommending an award of $50,000.00 for pain and suffering. The petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding the petitioner a lump sum payment of $50,000.00 for pain and suffering, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00079-0
Date issued/filed: 2023-10-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/31/2023) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00079-UNJ Document 28 Filed 10/03/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0079V
ROBERT PHONEPRASITH, Chief Special Master Corcoran
Petitioner, Filed: August 31, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 27, 2022, Robert Phoneprasith (“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”), a defined Table injury or, in the
alternative caused-in-fact injury, after receiving an influenza (“flu”) vaccine on October 17,
2019. Petition at 1, ¶¶ 2, 11-12. Petitioner further alleges that he received the vaccine
within the United States, that he suffered the residual effects of his SIRVA injury for more
than six months, and that neither he nor any other party has filed a civil case or received
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 1:22-vv-00079-UNJ Document 28 Filed 10/03/23 Page 2 of 2
compensation for his SIRVA injury. Id. at ¶¶ 9, 13-14. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On August 30, 2023, Respondent filed a 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 believes “that [P]etitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table.” Id. at 3. Respondent further believes that
“based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for
compensation under the Act.” Id.
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_22-vv-00079-1
Date issued/filed: 2023-11-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/06/2023) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00079-UNJ Document 34 Filed 11/06/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-79V
ROBERT PHONEPRASITH, Chief Special Master Corcoran
Petitioner, Filed: October 6, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 27, 2022, Robert Phoneprasith 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”), a defined Table injury or, in the alternative caused-in-fact injury,
after receiving an influenza (“flu”) vaccine on October 17, 2019. Petition at 1, ¶¶ 2, 11-12.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 31, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On October 3, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $50,000.00 of damages
for pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner
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 1:22-vv-00079-UNJ Document 34 Filed 11/06/23 Page 2 of 5
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $50,000.00 (of damages for 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 1:22-vv-00079-UNJ Document 34 Filed 11/06/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ROBERT PHONEPRASITH,
Petitioner,
No. 22-79V
v. Chief Special Master Corcoran
SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 27, 2022, Robert Phoneprasith (“petitioner”) filed a Petition (“Petition” or
“Pet.”) for compensation under the National Childhood Vaccine Injury Act of 1986, as amended
(the “Vaccine Act” or “Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleged that he suffered a
Shoulder Injury Related to Vaccination Administration following the administration of an
influenza vaccination, and that his injury meets the criteria for compensation pursuant to the
Vaccine Injury Table. Petition at 5.
On August 30, 2023, respondent filed his Vaccine Rule 4(c) report, recommending that
compensation be awarded. ECF No. 25. On August 31, 2023, this Court issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 26.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $50,000.00 of damages for pain
and suffering. This represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:22-vv-00079-UNJ Document 34 Filed 11/06/23 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 $50,000.00, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Robert Phoneprasith.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Robert Phoneprasith: $50,000.00.
Respectfully submitted,
BRIAN BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
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 1:22-vv-00079-UNJ Document 34 Filed 11/06/23 Page 5 of 5
s/ Jennifer A. Shah
Jennifer A. Shah
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) 305-2181
Jennifer.shah@usdoj.gov
Dated: October 3, 2023
3