1

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-556V

Filed: March 17, 2015

(Not to be published)

* * * * * * * * * * * * * * * * * * * * * * *

JOEL VESSEY, *

*

Petitioner, * Decision on Damages; Flu;

v. * SIRVA.

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * 

Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA for petitioner.

Althea W. Davis, U.S. Department of Justice, Washington, DC for respondent.

DECISION ON DAMAGES1

Gowen, Special Master:

On June 30, 2014, Joel Vessey (“petitioner”) filed a petition for compensation under 

the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

2

[the 

“Vaccine Act” or “Program”]. The petition alleges that he suffered a shoulder injury 

related to vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) 

 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I 

intend to post this ruling on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as 

amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 

14 days to identify and move to delete 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 delete 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 (2006).
2

vaccination on October 24, 2011. Petition at Intro. On September 26, 2014, respondent 

filed a Rule 4(c) Report [“Respondent’s Report”], in which she conceded that petitioner is 

entitled to compensation under the Program. Respondent’s Report at 2. The undersigned

issued a Ruling on Entitlement on September 26, 2014 finding that petitioner is entitled to 

compensation.

On March 16, 2015, respondent filed a Proffer indicating that petitioner has agreed 

to an award of compensation in the amount of $80,000. The undersigned’s chambers

contacted petitioner’s counsel on March 17, 2015, and he confirmed petitioner’s agreement 

with the proposed compensation amount. Pursuant to the terms in the attached Proffer, the 

undersigned awards petitioner the following compensation for all damages that would 

be available under 42 U.S.C. § 300aa-15(a):

1. A lump sum payment of $80,000.00 in the form of a check payable to 

petitioner, Joel Vessey. 

The clerk of the court shall enter judgment in accordance with this decision.3

IT IS SO ORDERED.

s/Thomas L. Gowen 

Thomas L. Gowen

Special Master

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice 

renouncing the right to seek review.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

JOEL VESSEY, )

)

Petitioner, ) No. 14-556V 

) Special Master

v. ) Thomas L. Gowen 

) ECF

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

Respondent proffers that based on the evidence of record, petitioner should be awarded 

$80,000.00. This amount represents all elements of compensation to which petitioner would be 

entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment as described below, and request that the special master’s decision 

and the Court’s judgment award the following:1

A. A lump sum payment of $80,000.00 in the form of a check payable to petitioner, Joel 

Vessey. This amount accounts for all elements of compensation under 42 U.S.C. 

§ 300aa-15(a) to which petitioner would be entitled.

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

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 medical 

expenses and future pain and suffering. 
Respectfully submitted,

BENJAMIN C. MIZER 

Acting Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division 

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division 

LINDA S. RENZI

Senior Trial Counsel 

Torts Branch, Civil Division

 s/Althea Walker Davis 

ALTHEA WALKER DAVIS

Senior Trial Counsel 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station

Washington, D.C. 20044-0146 

Tel: (202) 616-0515 

DATED: 13 March 2015 

2