VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00580
Package ID: USCOURTS-cofc-1_22-vv-00580
Petitioner: John Anderson
Filed: 2022-05-26
Decided: 2023-10-31
Vaccine: influenza
Vaccination date: 2020-09-23
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
John Anderson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination he received on September 23, 2020, caused a left shoulder injury related to vaccine administration (SIRVA). He stated that his injury persisted for longer than six months and that he had not received any prior compensation. The respondent conceded that Mr. Anderson was entitled to compensation, agreeing that his injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that Mr. Anderson had no prior history of shoulder issues, that pain occurred within 48 hours after the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also confirmed the injury's residual effects lasted more than six months. Based on the respondent's concession and the evidence, the court found Mr. Anderson entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $63,638.83, which included $65,000.00 for pain and suffering, and Mr. Anderson agreed with this amount. The court awarded Mr. Anderson a lump sum payment of $65,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00580-0
Date issued/filed: 2023-10-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/27/2023) regarding 25 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00580-UNJ Document 34 Filed 10/31/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0580V
JOHN ANDERSON, Chief Special Master Corcoran
Petitioner, Filed: September 27, 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)
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 26, 2022, John Anderson 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”) caused by an influenza vaccination he received on September
23, 2020. Petition at 1. Petitioner further alleges that his shoulder injury has persisted
longer than six months and that he has not received any compensation (award or
settlement) for her injury. Petition at ¶¶23, 28. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 25, 2023, Respondent filed his Rule 4(c) Report and Proffer on
Damages (“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to
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-00580-UNJ Document 34 Filed 10/31/23 Page 2 of 2
compensation in this case. Respondent’s Rule 4(c)/Proffer at 1. Specifically, Respondent
states 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 prior to vaccination; 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 6. Respondent further states that “Petitioner suffered the
residual effects of his condition for more than six months.” 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-00580-1
Date issued/filed: 2023-11-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/27/2023) regarding 26 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00580-UNJ Document 35 Filed 11/01/23 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0580V
JOHN ANDERSON, Chief Special Master Corcoran
Petitioner, Filed: September 27, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 26, 2022, John Anderson 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”) caused by an influenza vaccination he received on September
23, 2020. Petition at 1. Petitioner further alleges that his shoulder injury has persisted
longer than six months and that she has not received any compensation (award or
settlement) for his injury. Petition at ¶¶23, 28. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 25, 2023, Respondent filed a Rule 4(c) Report and Proffer on
Damages (“Rule 4/Proffer”). ECF No. 24. On September 27, 2023, a ruling on entitlement
was issued, finding Petitioner entitled to compensation for a left SIRVA. ECF No. 25.
Respondent’s Rule 4/Proffer indicates that Petitioner should be awarded $63,638.83,
representing $65,000.00 as an award for pain and suffering. Rule 4/Proffer at 6. In the
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-00580-UNJ Document 35 Filed 11/01/23 Page 2 of 2
Rule 4/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.
Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum
payment of $65,000.00, representing his 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 the 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