# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-0009V

UNPUBLISHED

BRANDEN RICHTER,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: March 18, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Jerome A. Konkel, Samster, Konkel & Sa fran, S.C., Milwaukee, WI, for Petitioner.

Claudia Barnes Gangi, U.S. Department of Justice, Wash ington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On January 2, 2019, Branden Richter filed a petition for compensation under the

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

“Vaccine Act”). Petitioner alleges that he suffe red from a left shoulder injury related to

vaccine administration (“SIRVA”) following his receipt of an influenza (“flu”) vaccination

on October 25, 2017. Petition at 6. Petitioner further alleges that he experienced the

symptoms of his vaccine related injury for more than six months. Peti tion at 6. The case

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

On September 22, 2020, a ruling on entitle ment was issued, finding Petitioner

entitled to compensation for SIRVA. On Ma rch 18, 2021, Respondent filed a proffer on

award of compensation (“Proffer”) indica ting Petitioner should be awarded $70,000.00.

Proffer at 1. In the Proffer, Respondent represented that Peti tioner agrees with the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 proffered award. Id. Based on the record as a whole, I fi nd 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 $70,000.00, in the fo rm of a check payable to Petitioner. This

amount represents compensation fo r all damages that would be av ailable 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

_________________________________________ _ )

BRANDEN RICHTER

, )

)

Petitioner, )

) No. 19

- 09 V

v. ) Chief Special Master Corcoran

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

PROFFER ON AWARD OF COMPENSATION

On September 22 , 2020 , respondent filed a Rule 4(c) Report, in which he conceded that

petitioner sustained a Table left shoulder injury related to vaccine administration (SIRVA) from

the flu vaccine a dministered on October 25, 2017 ; that the records show that the case was timely

filed; that the vaccine was received in the United States; and that petit ioner satisfies the statutory

severity requirement by suffering the residual effects or complications of h is injury for more than

six months after vaccine administration. ECF No. 3 3

. That same day , the Court issued a Ruling

on Entitlement, finding that p etitioner is entitled to compensation. ECF No. 3 4

.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded

$70,000.00, which represents all elements of compensation to which petitioner would be entitl ed

under 42 U.S.C. § 300aa

- 15(a). 1 Petitioner agrees.

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

.II. 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 of $ 7 0,000.00, in the form of a check payable to petitioner. Petitioner agrees.

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

/s/ Claudia B. Gangi

CLAUDIA B. GANGI

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjam in Franklin Station

Washington, D.C. 20044

- 0146

Tel.: (202) 616

- 4138

Email: claudia.gangi@usdoj.gov

Dated: March 18 , 2021