VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00307
Package ID: USCOURTS-cofc-1_23-vv-00307
Petitioner: Freddrick T. Pollard
Filed: 2023-03-18
Decided: 2024-05-01
Vaccine: influenza
Vaccination date: 2021-11-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Freddrick T. Pollard filed a petition on March 1, 2023, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 17, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 14, 2024, conceding that Mr. Pollard is entitled to compensation. The respondent agreed that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Mr. Pollard had satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 18, 2024, finding Mr. Pollard entitled to compensation. Subsequently, on March 28, 2024, the respondent filed a proffer on the award of compensation, which Mr. Pollard agreed to. Chief Special Master Corcoran issued a Decision on Damages on May 1, 2024, awarding Mr. Pollard a lump sum payment of $65,000.00 for pain and suffering. This amount represents all elements of compensation available under the Act. The award was to be made in the form of a check payable to Freddrick T. Pollard. Petitioner counsel was Scott B. Taylor of Urban & Taylor, S.C., and respondent counsel was Austin Joel Egan of the U.S. Department of Justice.

Theory of causation field:
Petitioner Freddrick T. Pollard alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on November 17, 2021. The respondent conceded entitlement, agreeing the injury was consistent with SIRVA as defined by the Vaccine Injury Table (42 C.F.R. §§ 100.3(a), (c)(10)). Petitioner satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 18, 2024. A subsequent Decision on Damages on May 1, 2024, awarded $65,000.00 for pain and suffering, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). The award was a lump sum payment. Petitioner counsel: Scott B. Taylor. Respondent counsel: Austin Joel Egan. Special Master: Brian H. Corcoran.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00307-0
Date issued/filed: 2024-04-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/18/2024) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00307-UNJ Document 37 Filed 04/18/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0307V
FREDDRICK T. POLLARD, Chief Special Master Corcoran
Petitioner,
v. Filed: March 18, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 1, 2023, Freddrick T. Pollard 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 the result of an influenza (“flu”) vaccine received on
November 17, 2021. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On March 14, 2024, 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 agrees that Petitioner’s alleged injury is consistent with
1 Because this unpublished 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-00307-UNJ Document 37 Filed 04/18/24 Page 2 of 2
SIRVA as defined by the Vaccine Injury Table. Id. at 3 (citing 42 C.F.R. §§ 100.3(a),
(c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine 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-00307-1
Date issued/filed: 2024-05-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/28/2024) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00307-UNJ Document 38 Filed 05/01/24 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0307V
FREDDRICK T. POLLARD, Chief Special Master Corcoran
Petitioner,
v. Filed: March 28, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On March 1, 2023, Freddrick T. Pollard 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 the result of an influenza (“flu”) vaccine received on
November 17, 2021. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On March 18, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On March 28, 2024, Respondent filed a proffer on award of
compensation (“Proffer”). Respondent represented that Petitioner agrees with 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 1:23-vv-00307-UNJ Document 38 Filed 05/01/24 Page 2 of 4
proffered award. Id. at 1. 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 a lump sum
payment of $65,000.00 (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 1:23-vv-00307-UNJ Document 38 Filed 05/01/24 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
FREDDRICK T. POLLARD, )
)
Petitioner, )
) No. 23-307V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER OF DAMAGES
On March 1, 2023, Freddrick T. Pollard (“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 defined in the Vaccine Injury Table, following administration of
an influenza (“flu”) vaccine he received on November 17, 2021. Pet. at 1. On March 14, 2024,
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 March 18, 2024, the Chief Special Master issued a Ruling on Entitlement finding
petitioner is entitled to compensation. ECF Nos. 27, 31.
I. Items of Compensation
Based on the evidence of record, respondent proffers that petitioner should be awarded
$65,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
1

Case 1:23-vv-00307-UNJ Document 38 Filed 05/01/24 Page 4 of 4
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 $65,000.00, in the form of a
check payable to Freddrick T. Pollard.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ AUSTIN J. EGAN
Austin J. Egan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 451-7479
Austin.J.Egan@usdoj.gov
Date: March 28, 2024
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