# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1753 V

UNPUBLISHED

JASON MANUS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 14, 2022

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Human Papillomavirus (HPV)

Vaccine; Shoulder Injury Related to

Vaccine Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Jennifer Leigh Reynaud , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On November 13, 2019

, Jason Manus 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 right shoulder injury related to vaccine

administration ( “ SI RVA ” ) from a human papillomavirus ( “ HPV ” ) vaccine he rec eived on

January 24, 2019

. Petition at 1

. The case was assigned to the Special Processing Unit of

the Office of Special Masters.

On April 28, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to

compensation for his righ t SIRVA injury

. ECF No. 24. On January 14, 2022

, R espondent

filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be

awarded $ 62,813.72, represent ing $62,500.00 in actual and projected pain and suffering

and $313.72 in past reimburs able expenses

. Proffer at ¶I(A)

- ( C )

. In the Proffer,

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic

Government Services). This means the D ecision 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 R espondent represented that P etitioner agrees with the proffered award. Id. Based on

the record as a whole, I find that P etitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 62,813.72 in the form of a check payable to P etitioner

. This amount

represents compensation for all damages that w ould 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.1 THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

JASON MANUS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 19

- 1753 V

Chief Special Master Corcoran

PROFFER ON AWARD OF DAMAGES

On November 13, 2019, Jason Manus (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

-

34 (“Vaccine Act” or “Act”), as amended. Petitioner allege s that he suffered a right Shoulder

Injury Related to Vaccine Administration (“SIRVA”) resulting from a human papilloma virus

(“HPV”) vaccination administered on January 24, 2019. Petition at Preamble. Respondent

concluded that petit ioner’s alleged injur y satisfied the criteria of the Vaccine Injury Table, and

therefore conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on

April 28, 2021

. ECF No. 23

. Based on Respondent’s Rule 4(c) Report the Court found

petitioner entitled to compensation on April 29, 2021

. ECF No. 24

.

I. Item s of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 62,5 00 .00 in actual and projected

pain and suffering. This amount reflects that any award for projected pain and suffering has

been reduced to net present value. See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents his expenditure of past unreimbursable

expenses related to his vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the amount of $ 313 .72 . Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $ 62,813 .72 in the form of a check made payable to petitioner. 1

This lump sum payment represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney Ge neral

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the

Court for appropriate relief

. In particular, respondent would oppose any award for future

medical expenses, future lost earnings, and future pain and suffering

.3 s/ Jennifer L. Reynaud

JENNIFER L. REYNAUD

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) 305

- 1586

Jennifer.L.Reynaud @usdoj.gov

D ATED : January 14, 2022