# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-1426V

UNPUBLISHED

SEAN HOLTZCLAW,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 7, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

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

Christine Mary Becer, U.S. Department of Justice, Washingt on, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On September 18, 2019, Sean Holtzclaw filed a petition for compensation under

the National Vaccine Injury Compens ation Program, 42 U.S.C. §300aa-10, et seq. 2 (the

“Vaccine Act”). Petitioner alleges that he suffer ed from a right shoulder injury related to

vaccine administration (“SIRVA”) as a result of receiving the influenza (“flu”) vaccine on

September 26, 2017. Petition at 1. Petitioner further alleges that his injuries lasted for

more than six months. Petition at 3. The case was assigned to the Special Processing

Unit of the Office of Special Masters.

On April 12, 2021, a ruling on entitlement was issued, find ing Petitioner entitled to

compensation for SIRVA. On June 7, 2021, Respondent filed a proffer on award of

compensation (“Proffer”) indicating Petiti oner should be awarded $80,000.00 for pain and

suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 availa ble 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 whic h would constitute an unwarranted invasion of privacy.

If, upon review, I agree that the identified material fits with in this definition, I will r edact 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

(2012).2 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 $80,000.00 (for pain and suffe ring) in the form of a check payable

to Petitioner. This amount represents compensation for all damages that would be

available under § 15(a).

The clerk of the court is directed to enter judgment in a ccordance 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 c an 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

____________________________________ )

SEAN HOLTZCLAW, )

)

Petitioner, )

) No. 19

- 1426V

v. ) Chief Special Master Corcoran

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Procedural History

On April 8 , 2021 , respondent filed a Vaccine Rule 4(c) report concluding that petitioner

sustained the onset of a right shoulder injury related to vaccine administration (“SIRVA”) wit hin

the Table time period following an influenza vaccine, and therefore sustained an injury that is

compensable under the terms of the National Childhood Vaccine Injury Act of 1986, as

amended, 42 U.S.C. §§300aa

- 10 to

- 3 4. ECF No. 28

. Accordingly, on April 12 , 2021 , the Chief

Special Master issued a Ruling on Entitlement, finding that pe titioner was entitled to vaccine

compensation for SIRVA following the influenza vac cine he received on September 26, 2017

.

ECF No. 29

.

II. Items of Compensation

Respondent proffers that petitioner should be awarded $ 80,000.00 for pain and suffering

.

This rep resents all elements of compensation to which petitioner is entitled under 42 U.S.C.

§ 300aa

- 15(a). Petitioner agrees.2 III. Form of the Award

Petitioner is a competent adult. Evidence of guardianship 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 the following 1 : a lump sum payment of $ 80,000.00

, in the form of a

check payable to petitioner.

IV. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Sean Holtzclaw : $ 80,000.00

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division

TRACI R. PATTON

Assistant Director

Torts Branch, Civil Division

s/Christine Mary Becer

CHRISTINE MARY BECER

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) 616

- 3665

DATED: June 7 , 2021

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 pain and

suffering.