# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 2015 V

UNPUBLISHED

WILLIAM E. WOHLLEBEN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: May 5, 2022

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine ; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Brynna Gang, Kraus Law Group, LLC, Ch icago, I L , for Petitioner.

Alexa Roggenkamp , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On December 29, 2020

, William E. Wohlleben 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

administration ( “ SIRVA ” ) as a result of an influenza ( “ flu ” ) vaccine administered on

October 17, 2018

. Petition at 1

. The case was assigned to the Special Processing Unit of

the Office of Special Masters.

On April 29, 2022

, a ruling on entitlement was issued , finding P etitioner entitled to

compensation for a SIRVA . On May 3, 2022

, R espondent filed a p roffer on a ward of

compensation (“Proffer”) indicating P etitioner should be awarded $ 48,500.00

. Proffer at

1

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

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 f its 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 p ertinent subparagraph of 42 U.S.C. §

300aa (2012).2 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 $ 48,500.00 in the form of a check payable to P etitioner

. This amount

represents compensation for all damages that w ould be available under Section 15 (a)

.

The Clerk of 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

WILLIAM E. WOHLLEBEN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 20

- 2015V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On December 29 , 2020, William E. Wohlleben (“petitioner”), filed a Petition for

compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the

Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa

- 1 to

- 34. Petitioner alleges that he suffered a

shoulder injury related to vaccine administration (“SIRVA”) in his left shoulder as a result of an

influenza (“flu”) vaccine administered on October 17, 2018

. On April 25, 2022 , the Secretary of

Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is

appropriate for compensation under the terms of the Act, and on April 29, 2022, the Chief

Special Master issued a Ruling on Entitlement finding petitioner entitled to compensat ion . ECF

No. 3 4 ; ECF No. 35

.

I. Items of Compensation

Pain and Suffering

Respond ent proffers that petitioner should be awarded $48,500.00 in actual pain and

suffering. See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.

The above amounts represent all elements of compensation to which petitioner would be2 entitled under 42 U.S.C. § 30 0aa

- 15(a). Petitioner agrees.

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 be made through a lump

sum payment as described below:

A lump sum payment of $48,500.00 , in the form of a check payable to petitioner,

William Wohlleben

.

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/s/ Alexa Roggenkamp

ALEXA ROGGENKAMP

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

(202) 616

- 4179

alexa.roggenkamp@usdoj.gov

DATED: May 3 , 2022