In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1753V

UNPUBLISHED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 DAMAGES1

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 (“SIRVA”) from a human papillomavirus (“HPV”) vaccine he received 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 Petitioner entitled to 

compensation for his right SIRVA injury. ECF No. 24. On January 14, 2022, Respondent 

filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be 

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

and $313.72 in past reimbursable expenses. Proffer at ¶I(A)-(C). In the Proffer, 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

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 $62,813.72 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.
1

THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

JASON MANUS,

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

No. 19-1753V

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 alleges 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 petitioner’s alleged injury 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. Items of Compensation 

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $62,500.00 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 General

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

DATED: January 14, 2022