VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00292
Package ID: USCOURTS-cofc-1_24-vv-00292
Petitioner: Ryan King
Filed: 2024-08-06
Decided: 2024-09-09
Vaccine: Tdap
Vaccination date: 2023-07-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 97872

AI-assisted case summary:
Ryan King filed a petition for compensation under the National Vaccine Injury Compensation Program on February 23, 2024, alleging a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination received on July 20, 2023. He alleged his symptoms continued for more than six months. The respondent filed a Rule 4(c) report on August 1, 2024, conceding that Mr. King was entitled to compensation. The respondent stated that Mr. King's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that he had no prior history of shoulder pain, inflammation, or dysfunction; that pain occurred within 48 hours after the vaccination; that the pain and reduced range of motion were limited to the injection shoulder; and that no other condition explained the symptoms. The respondent further agreed that Mr. King had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 6, 2024, finding Mr. King entitled to compensation. Subsequently, on August 6, 2024, the respondent filed a Proffer on Award of Compensation, indicating that Mr. King should be awarded $97,872.94. This amount comprised $90,000.00 for pain and suffering and $7,872.94 for past unreimbursable expenses. The proffer stated that Mr. King agreed with the proffered award. Chief Special Master Corcoran issued a Decision Awarding Damages on September 9, 2024, awarding Mr. King a lump sum payment of $97,872.94, payable to him, representing $90,000.00 for pain and suffering and $7,872.94 for past unreimbursable expenses. Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Benjamin Rex Eisenberg of the U.S. Department of Justice.

Theory of causation field:
Petitioner Ryan King alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on July 20, 2023. The respondent conceded entitlement, stating the injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting no prior shoulder issues, onset of pain within 48 hours of vaccination, pain limited to the injection shoulder, and no other identified condition explaining the symptoms. Petitioner satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran ruled on entitlement on August 6, 2024, and awarded $97,872.94 on September 9, 2024, consisting of $90,000.00 for pain and suffering and $7,872.94 for past unreimbursable expenses, payable as a lump sum to the petitioner. Petitioner was represented by John Robert Howie, and respondent by Benjamin Rex Eisenberg.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00292-0
Date issued/filed: 2024-09-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/06/2024) regarding 17 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00292-UNJ Document 27 Filed 09/09/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0292V
RYAN KING, Chief Special Master Corcoran
Petitioner, Filed: August 6, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On February 23, 2024, Ryan King 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”) following a Tdap vaccination he received on July 20, 2023.
Petition at 1. Petitioner further alleges that his “symptoms have continued for more than
six months.” Petition at ¶ 22. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On August 1, 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 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 1:24-vv-00292-UNJ Document 27 Filed 09/09/24 Page 2 of 2
1. 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 in his left shoulder prior to vaccination; pain occurred within forty-eight
hours after receipt of an intramuscular vaccination; pain and reduced range of motion 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 agrees that “Petitioner 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_24-vv-00292-1
Date issued/filed: 2024-09-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/07/2024) regarding 20 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00292-UNJ Document 28 Filed 09/09/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0292V
RYAN KING, Chief Special Master Corcoran
Petitioner, Filed: August 7, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On February 23, 2024, Ryan King 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”) following a Tdap vaccination he received on July 20, 2023.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On August 6, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his SIRVA. On August 6, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $97,872.94,
representing $90,000.00 for pain and suffering and $7,872.94 for past unreimbursable
expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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 1:24-vv-00292-UNJ Document 28 Filed 09/09/24 Page 2 of 5
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 $97,872.94, representing $90,000.00 for pain and suffering and
$7,872.94 for past unreimbursable expenses, 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 1:24-vv-00292-UNJ Document 28 Filed 09/09/24 Page 3 of 5
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RYAN KING,
Petitioner,
v. No. 24-292V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 23, 2024, Ryan King (“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”) that developed following a combined tetanus, diphtheria, and acellular pertussis
(“Tdap”) vaccine administered on July 20, 2023. Petition at 1. On August 1, 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
August 6, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 16; ECF No. 17.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $90,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00292-UNJ Document 28 Filed 09/09/24 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 $7,872.94. See 42 U.S.C. § 300aa-15(a)(1)(B).
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 a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following: a lump sum payment of $97,872.94, in the form of a
check payable to petitioner.1
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Ryan King: $97,872.94
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
COLLEEN C. HARTLEY
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:24-vv-00292-UNJ Document 28 Filed 09/09/24 Page 5 of 5
/s/ Benjamin Eisenberg
BENJAMIN EISENBERG
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) 514-4074
E-mail: Benjamin.Eisenberg@usdoj.gov
DATED: August 6, 2024
3