In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0713V

UNPUBLISHED

RICHARD P. BURES,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: February 10, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for 

Petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On June 12, 2020, Richard P. Bures 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 an influenza vaccine administered on October 9, 

2018. Petition at 1. Petitioner further alleges the vaccine was administered in the United 

States, he suffered sequelae of his injury for more than six months, and he has not 

received compensation or filed a civil action for vaccine-related injuries prior to filing his 

petition. Petition at ¶¶ 2, 15-16. The case was assigned to the Special Processing Unit of 

the Office of Special Masters.

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. 

§ 300aa (2012).
2

On December 15, 2021, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On February 9, 2022, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $72,554.61.

Proffer at 1-2. 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 a lump 

sum payment of $72,554.61 (representing $72,500.00 in pain and suffering and 

$54.61 in 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.
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

RICHARD P. BURES, 

 

 Petitioner, 

 v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 20-713V 

 Chief Special Master Corcoran (SPU)

 ECF

 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On June 12, 2020, Richard P. Bures (“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”), as amended. Petitioner alleges he suffered a shoulder injury related to vaccine 

administration (“SIRVA”) Table injury as a result of an influenza (“flu”) vaccination received on 

October 9, 2018. Petition at 1. 

On December 15, 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 shoulder injury related to vaccine administration (“SIRVA”) Table injury, and the 

Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. 

ECF Nos. 33 and 34. 

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). Petitioner agrees.
2 

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 $54.61. 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 following: a lump sum payment of $72,554.61, in the form of a 

check payable to petitioner.1

 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Richard P. Bures: $72,554.61 

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 

 

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 

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division 

 

s/ Adriana Teitel 

ADRIANA TEITEL

Trial Attorney

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146, Benjamin Franklin Station

 Washington, DC 20044-0146 

 Tel: (202) 616-3677 

Email: adriana.teitel@usdoj.gov

Dated: February 9, 2022