# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1529 V

UNPUBLISHED

RYAN T HOMPSON

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: March 5, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC , for petitioner.

Camille Michelle Collett , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On October 16, 2017

, Ryan Thompson 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

Admini stration (SIRVA) after receiving the influenza vaccine on October 6, 2016

. Petit ion at 1

- 3

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

Special Masters.

On November 22, 2019

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for his SIRVA . On March 3, 2020

, R espondent filed a p roffer

on a ward of compensation (“Proffer”) indicating P etitioner should be awarded

$ 111,380.61, representing “ $110,000.00 for past and future pain and suffering, and

$1,380.61 in unreimbursed medical expenses

. ” Proffer at 1

. In the Proffer, R espondent

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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

Government 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 o f 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 subpara graph of 42 U.S.C. §

300aa (2012 ).2

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 $ 111, 380.61, representing compensation in the amounts of

$110,000.00 for his actual and projected pain and suffering and $1,380.61 for his

unreimbursable expenses in the form of a check payable to P etitioner

. This

amount represents compensation for all damages that w ould be available under § 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

RYAN THOMPSON

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent

. No. 17

- 1529 V

Chief Special Master Brian H. Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On November 12, 2019, respondent filed his Rule 4(c) Report, in which he conceded

entitlement. On November 22, 2019 , the Court issued a Ruling on Entitlement, finding that

petitioner is entitled to compensation for his Shoulder Injury Related to Vaccine Administration

(“SIRVA”) . Respondent now proffers that petitioner receive an award of a lump sum of

$ 11 1, 380.61 in the form of a check payable to petitioner. The award is comprised of the

following: $ 110,000.00 for past and future pain and suffering, and $ 1,380.61 in unreimbursed

medical expenses

. This amount represents compensation for all elements of compensation under

42 U.S.C. § 300aa

- 15(a) to which petitioner is entitled. 1 Pet itioner agrees. This proffer does not

address final attorneys’ fees and litigation costs. Petitioner is additionally entitled to reasonable

attorneys’ fees and litigation costs, to be determined at a later date upon petitioner submitting

substantiating d ocumentation.

1 Should petitioner die prior to the entry of jud gment, 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

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

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/Camille M. Collett

CAMILLE M. COLLETT

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Telephone: (202) 616

- 4098

Dated: M arch 3, 2020