In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-1139V

Filed: April 28, 2015

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

LARRY THOMPSON, *

* Entitlement; Damages Based on Proffer;

Petitioner, * Tetanus, Diphtheria, acellular Pertussis; 

* Tdap; Shoulder Injury Related to 

* Vaccine Administration; SIRVA; 

SECRETARY OF HEALTH * Adhesive Capsulitis; Glenohumeral 

AND HUMAN SERVICES, * Arthritis; Special Processing Unit

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

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

petitioner.

Lara Englund, Esq., U.S. Department of Justice, Washington, DC for respondent.

DECISION1

Vowell, Chief Special Master:

On November 24, 2014, Larry Thompson filed a petition for compensation under 

the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,

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[the 

“Vaccine Act” or “Program”]. Petitioner alleges that he developed a “shoulder injury 

related to vaccine administration (SIRVA), adhesive capsulitis, glenohumeral arthritis, 

and shoulder pain resulting from adverse effects of a [tetanus, diphtheria, acellular 

pertussis] TDaP vaccination administer on January 27, 2014.” Petition at 1. The case 

was assigned to the Special Processing Unit of the Office of Special Masters.

On March 30, 2015, respondent filed a Rule 4(c) report indicating she believes 

the “petitioner’s alleged injury is consistent with a shoulder injury related to vaccine 

administration (SIRVA) . . . [and] was caused-in-fact by the Tdap vaccination he 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post it on the United States Court of Federal Claims' website, in accordance with the E-Government 

Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 

note (2006)). 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2006).
2

received on January 27, 2014.” Respondent’s Rule 4 Report at 2. Because the scope 

of the injury conceded by respondent (SIRVA) was more limited than what was alleged 

in the petition, the OSM staff attorney managing this case contacted the parties by email 

to determine if petitioner had agreed to limit his claim to the injury specified by 

respondent. The parties indicated they had not discussed the matter and would like to 

discuss the issue of damages to determine if they could reach an informal agreement 

on that issue.

On April 27, 2015, respondent filed a proffer on award of compensation [“Proffer”]

indicating “petitioner should be awarded $118,571.53 . . . [which] accounts for all 

elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be 

entitled.” Proffer at 1. Although the proffer indicated petitioner agreed (see id.), the 

OSM staff attorney managing this case communicated with the parties to ensure that 

the damages listed in the proffer represented all damages with regard to petitioner’s 

claim. The parties confirmed by email communication that the proffer was for damages 

from all injuries alleged in the petition.

I find that petitioner is entitled to compensation. Pursuant to the terms stated 

in the attached Proffer, I award petitioner a lump sum payment of $118,571.53 in the 

form of a check payable to petitioner, Larry Thompson. This amount represents

compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

The clerk of the court is directed to enter judgment in accordance with this 

decision.3

s/Denise K. Vowell

Denise K. Vowell

Chief Special Master

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice 

renouncing the right to seek review.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

LARRY THOMPSON, )

)

Petitioner, )

)

v. ) No. 14-1139V

) Chief Special Master Denise Vowell

SECRETARY OF )

HEALTH AND HUMAN SERVICES, )

)

Respondent. )

 )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded 

$118,571.53. This amount represents all elements of compensation to which petitioner would be 

entitled under 42 U.S.C. § 300aa-15(a)(1); -15(a)(3)(A); and -15(a)(4). Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made as 

lump sum payment of $118,571.53, in the form of a check payable to petitioner.1 Petitioner is a 

competent adult. Evidence of guardianship is not required in this case. This amount accounts 

for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be 

entitled.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future 

medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the 

right to move the Court for appropriate relief.

 

Case 1:14-vv-01139-UNJ Document 15 Filed 04/26/15 Page 1 of 2
RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

LINDA RENZI

Senior Trial Counsel

Torts Branch, Civil Division

s/ LARA A. ENGLUND

LARA A. ENGLUND

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) 307-3013

E-mail: lara.a.englund@usdoj.gov

Dated: April 27, 2015

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