VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00057
Package ID: USCOURTS-cofc-1_25-vv-00057
Petitioner: Bobby Ottinger
Filed: 2025-01-14
Decided: 2025-09-09
Vaccine: influenza
Vaccination date: 2023-09-18
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 101640.24

AI-assisted case summary:
On January 14, 2025, Bobby Ottinger filed a petition alleging that an influenza vaccination administered on September 18, 2023, caused a shoulder injury related to vaccine administration. The public record identifies him as a competent adult but does not state his exact age.

Respondent conceded entitlement, and Chief Special Master Corcoran found Mr. Ottinger entitled to compensation on August 29, 2025. The public damages proffer does not describe the onset, imaging, injections, therapy, or functional limitations in detail.

On September 9, 2025, the Chief Special Master adopted the parties' damages proffer. Mr. Ottinger was awarded $101,640.24, consisting of $100,000.00 for pain and suffering and $1,640.24 for unreimbursable expenses, payable by ACH deposit to counsel's IOLTA account for prompt disbursement. He was represented by John Robert Howie.

Theory of causation field:
Influenza vaccine, September 18, 2023, competent adult exact age not stated, SIRVA. ENTITLEMENT CONCEDED August 29, 2025; COMPENSATED September 9, 2025. Respondent conceded Table SIRVA and legal prerequisites. Public proffer does not include a detailed clinical treatment timeline. Award: $100,000 pain and suffering + $1,640.24 unreimbursable expenses = $101,640.24, payable by ACH to counsel's IOLTA account. Chief Special Master Corcoran. Attorney John Robert Howie.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-00057-0
Date issued/filed: 2025-09-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/29/2025) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:25-vv-00057-UNJ Document 30 Filed 09/30/25 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0057V
BOBBY OTTINGER, Chief Special Master Corcoran
Petitioner, Filed: August 29, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Crystal Fialkowski, U.S. Department of Justice, Washington, DC, for Respondent
RULING ON ENTITLEMENT1
On January 14, 2025, Bobby Ottinger 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 alleged that he suffered a shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”)
vaccine on September 18, 2023. Petition at 1, ¶¶ 1, 35. Petitioner also alleged that he
received the vaccine within the United States, that he suffered the residual effects of his
SIRVA for more than six months and that neither he nor any other party has filed a civil
action or received compensation for his SIRVA, alleged as vaccine caused. Id. at ¶¶ 1,
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 1:25-vv-00057-UNJ Document 30 Filed 09/30/25 Page 2 of 2
33-34. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On August 29, 2025, 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 “has concluded that [P]etitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table.” Id. at 6. Respondent further agrees
that based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites
for compensation under the Act.” Id. at 6-7.
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_25-vv-00057-1
Date issued/filed: 2025-10-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/09/2025) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:25-vv-00057-UNJ Document 31 Filed 10/09/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0057V
BOBBY OTTINGER, Chief Special Master Corcoran
Petitioner, Filed: September 9, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Crystal Fialkowski, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 14, 2025, Bobby Ottinger 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 alleged that he suffered a shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”)
vaccine on September 18, 2023. Petition at 1, ¶¶ 1, 35. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On August 29, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his SIRVA. On September 9, 2025, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $101,640.24,
representing $100,000.00 for pain and suffering and $1,640.24 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 1:25-vv-00057-UNJ Document 31 Filed 10/09/25 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 $101,640.24, representing $100,000.00 for pain and suffering and
$1,640.24 for actual unreimbursable expenses, to be paid through an ACH deposit
to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:25-vv-00057-UNJ Document 31 Filed 10/09/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BOBBY OTTINGER, )
)
Petitioner, )
) No. 25-57V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 14, 2025, Bobby Ottinger (“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 the administration
of an influenza vaccine he received on September 18, 2023. Petition at 1. On August 29, 2025,
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 the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF Nos. 19, 20.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $100,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:25-vv-00057-UNJ Document 31 Filed 10/09/25 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 $1,640.24. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
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 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 $101,640.24, to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner. Petitioner agrees.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy 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 1:25-vv-00057-UNJ Document 31 Filed 10/09/25 Page 5 of 5
TRACI PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Crystal Fialkowski
CRYSTAL FIALKOWSKI
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) 307-0786
Crystal.Fialkowski@usdoj.gov
Date: September 9, 2025
3