VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00287
Package ID: USCOURTS-cofc-1_23-vv-00287
Petitioner: Spencer Thornton
Filed: 2023-12-18
Decided: 2024-04-09
Vaccine: HPV
Vaccination date: 2021-06-25
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 141700

AI-assisted case summary:
Spencer Thornton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving a human papillomavirus (HPV) vaccination on June 25, 2021. He further alleged that the residual effects of his injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he had satisfied all legal prerequisites for compensation. Consequently, a Ruling on Entitlement was issued finding Spencer Thornton entitled to compensation. Subsequently, the respondent filed a Proffer on award of compensation, proposing an award of $130,000.00 for pain and suffering, $1,376.75 for past unreimbursable expenses, and $10,324.01 to satisfy a Medi-Cal lien. The petitioner agreed with this proffered award. The Chief Special Master issued a Decision Awarding Damages, awarding Spencer Thornton a total of $141,700.76 through two lump sum payments: one for pain and suffering and past unreimbursable expenses, and another to satisfy the Medi-Cal lien.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00287-0
Date issued/filed: 2024-01-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/18/2023) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00287-UNJ Document 25 Filed 01/19/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-287V
SPENCER THORNTON, Chief Special Master Corcoran
Petitioner, Filed: December 18, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 27, 2023, Spencer Thornton (“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 from a right
shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving a
human papillomavirus (“HPV”) vaccination on June 25, 2021. Pet. at 1, ECF No. 1.
Petitioner further alleges that he suffered the residual effects of his injury for more than
six months. Id. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On December 18, 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)
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 1:23-vv-00287-UNJ Document 25 Filed 01/19/24 Page 2 of 2
Report at 1, ECF No. 20. Specifically, Respondent stated that “[P]etitioner’s alleged injury
is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 6. Respondent
further agreed that “[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_23-vv-00287-1
Date issued/filed: 2024-04-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/05/2024) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00287-UNJ Document 31 Filed 04/09/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-287V
SPENCER THORNTON, Chief Special Master Corcoran
Petitioner, Filed: March 5, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 27, 2023, Spencer Thornton 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 a human papillomavirus (“HPV”) vaccine
administered to him on June 25, 2021. Pet. at 1, ECF No. 1. Petitioner further alleges that
the vaccine was received in the United States, he suffered sequela of his injury for more
than six months, and neither Petitioner nor any other party has ever received
compensation in the form of an award or settlement for his vaccine-related injury. Id. at
1, 10. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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 1:23-vv-00287-UNJ Document 31 Filed 04/09/24 Page 2 of 5
On December 18, 2023, a Ruling on Entitlement was issued, finding Petitioner
entitled to compensation for his SIRVA. ECF No. 21. On March 5, 2024, Respondent filed
a Proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$130,000.00 in pain and suffering, $1,376.75 in past unreimbursable expenses, and
$10,324.01 in satisfaction of a Medi-Cal lien. Proffer at 1-2, ECF No. 26. In the 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 attached Proffer, I award Petitioner two lump
sum payments as described below:
a. A lump sum payment of $131,376.75 for pain and suffering and past
unreimbursable expenses, in the form of a check payable to Petitioner; and
b. A lump sum payment of $10,324.01, representing compensation for
satisfaction of the Medi-Cal lien, in the form of a check payable jointly to
Petitioner and:
Department of Health Care Services
Re: DHCS Account No. C98774651E-VAC
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Petitioner has agreed to endorse and mail this payment to Department of
Health Care Services.
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 1:23-vv-00287-UNJ Document 31 Filed 04/09/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SPENCER THORNTON,
Petitioner, No. 23-287V
ECF
v. Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 27, 2023, Spencer Thornton (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (the
“Vaccine Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that he received a Human
papillomavirus (“HPV”) vaccination on June 25, 2021, and thereafter suffered from a right
shoulder injury related to vaccine administration (“SIRVA”). Petition at 1.
On December 18, 2023, the Secretary of Health and Human Services (“respondent”) filed
a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of
the Act for a SIRVA Table injury, and on that same day, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 20; ECF No. 21.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $130,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00287-UNJ Document 31 Filed 04/09/24 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $1,376.75. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the Medi-Cal lien
in the amount of $10,324.01, which represents full satisfaction of any right of subrogation,
assignment, claim, lien, or cause of action Medi-Cal may have against any individual as a result
of any Medicaid payment Medi-Cal has made to or on behalf of petitioner from the date of his
eligibility for benefits through the date of judgment in this case as a result of his alleged vaccine-
related injury suffered on or about June 25, 2021, under Title XIX of the Social Security Act.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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
two lump sum payments as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following1:
A. A lump sum payment of $131,376.75, in the form of a check payable to
petitioner; and
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:23-vv-00287-UNJ Document 31 Filed 04/09/24 Page 5 of 5
B. A lump sum payment of $10,324.01, representing compensation for satisfaction
of the Medi-Cal lien, in the form of a check payable jointly to petitioner and:
Department of Health Care Services
Re: DHCS Account No. C98774651E-VAC
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Petitioner agrees to endorse and mail this payment to Department of Health Care Services.
III. Summary of Recommended Payment Following Judgment
A. Lump sum payable to petitioner, Spencer Thornton: $131,376.75
B. Medicaid lien: $10,324.01
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/CAMILLE J. WEBSTER
CAMILLE J. WEBSTER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station Washington, D.C. 20044-0146
Direct dial: (202) 307-3241
Email: Camille.Webster@usdoj.gov
Dated: March 5, 2024
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