In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-888V

UNPUBLISHED

THOMAS BIERBAUM,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 11, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.

Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On July 22, 2020, Thomas Bierbaum 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 his October 11, 2018 influneza (“flu”) vaccination. 

Petition at 1. The case was assigned to the Special Processing Unit of the Office of 

Special Masters.

On November 22, 2021, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On January 11, 2022, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $72,500.00 

(representing pain and suffering). Proffer at 1-2. In the Proffer, Respondent represented 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (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 sectionreferences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

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 a lump 

sum payment of $72,500.00 (representing 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

THOMAS BIERBAUM,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

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No. 20-888V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On July 22, 2020, Thomas Bierbaum (“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 October 11, 2018. 

On November 19, 2021, 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. ECF No. 24. On November 22, 2021, the Chief Special 

Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 25.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $72,500.00 in pain and suffering. 

See 42 U.S.C. § 300aa-15(a)(4). 
2

This amount 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 $72,500.00, in the form of a 

check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Thomas Bierbaum: $72,500.00

Respectfully submitted, 

BRIAN M. BOYNTON

Acting Assistant Attorney General 

C. SALVATORE D’ALESSIO

Acting Director 

Torts Branch, Civil Division 

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division 

LARA A. ENGLUND

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 lost earnings 

and future pain and suffering.
3

s/ Wei Kit (Ricky) Tai 

WEI KIT (RICKY) TAI

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) 598-7705

Wei.Tai@usdoj.gov

Dated: January 11, 2022