# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0516 V

UNPUBLISHED

BRIAN WILLIAMS

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: October 5, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine Administration (SIRVA)

Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL , for Petitioner.

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

DECISION AWARDING DAMAGES 1

On April 27, 2020

, Brian Williams 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 received an influenza ( “ flu ” ) vaccine in his left
deltoid on October 12, 2018 and subs equently suffered a shoulder injury related to vaccine administration (SIRVA)

. Petition at 1, 3

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

On July 19, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to
compensation for a left SIRVA . On October 5, 2021

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 56,591.12

. Proffer

at 2

. In the Proffer, R espondent represented that P etitioner agrees with the proffered

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 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 $ 56,591.12 in the form of a check payable to P etitioner

. This

consists of :

• $55,000.00 in pain and suffer ing , and

• $1,591.12 in past unreimbursed expenses

.

Th ese amount s represent 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 

### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

BRIAN WILLIAMS,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 20

- 516V

Chief Special Master Corcoran (SPU)

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 27, 2020, Brian Williams (“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. The Petition alleges that petitione r received an

influenza (“flu”) vaccine in his left deltoid on October 12, 2018, and subsequently suffered from

a left shoulder injury related to vaccine administration (“SIRVA”). Petition at 1, 3.

On July 8

, 202 1 , the Secretary of Health and Human Serv ices (“respondent”) filed a Rule

4(c) Report indicating that this case is appropriate for compensation under the terms of the Act

for a SIRVA Table injury , and on July 19 , 202 1

, the Chief Special Master issued a Ruling on

Entitlement finding petitioner ent it led to compensation. ECF No. 19 ; ECF No

. 20

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 55,0 00.00 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 h is vaccine

- related injury. Respondent proffers that petitioner should be awarded past

unreimbur sable expenses in the amount of $ 1,591.12

. 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 gu ardianship 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 t he following : a lump sum payment of $ 56,591.12

, in the form of a

check payable to petitioner. 1

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Brian Williams : $ 56,591.12

Respectfully submitted,

BRIAN M. BOYN TON 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 TRACI R. PATTON

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

Dated: October 5

, 2021