# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17 -522V

Filed: February 8, 2018

UNPUBLISHED

WILLIAM WILLINGHAM

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Pneumococcal Conjugate Vaccine

(Prevnar 13) ; Shoulder Injury Related

to Vaccine Administration (SIRVA)

William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for

petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for

respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On April 13, 2017

, 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”). Petitioner alleged that he suffered a shoulder injury related to vaccine

administration (“S I RVA”) resulting from the pneumococcal conjugate (Prevnar 13)

vaccine he received on April 25, 2016. Petition at 1, ¶ 2. The case was assigned to the

Special Processing Unit of the Office of Special Masters.

On December 26, 2017, a ruling on entitlement was issued, finding petitioner

entitled to compensation for his SIRVA. On February 8, 2018, respondent filed a proffer

on a ward of compensation (“Proffer”) indicating petitioner should be awarded

$62,637.26. Proffer at 1. In the Proffer, respondent represented that petitioner agrees

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the

undersigned intends 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). 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, the undersigned agrees that the identified material fits

within this definition, the undersigned 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

e ase of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).2

with the proffered award. Id. Based on the record as a whole, the undersigned finds

that petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $62,637.26 in the form of a check payable to

petitioner, William Willingham

. This amount represents compensation for all

damages that w ould be available under § 15(a).

The clerk of the court is directed to enter judgment in accordance with this

decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

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 WILLINGHAM,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )

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)

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)

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) No. 17

- 522V

Chief Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On December 22, 2017, r espondent concede ded that entitlement to compensation was

appropriate under the terms of the Vaccine Act. Thereafter, o n D ecember 26 , 2017 , Chief

Special Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to

vaccine compensation for h is Shoulder Injury Related to Vaccine Administration (“SIRVA”).

Based on the evidence of record, r espondent prof fers that petitioner should be awarded

$ 62,637.26

. This amount represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa

- 15(a)

. 1 Petitioner agrees.

II. Form of the Award

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

a lump sum payment of $ 62,637.26 , in the form of a check payable to petitioner

. Petitioner

agrees.

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

Respectfully submitted,

CHAD A. READLER

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

s/ Mallori B. Openchowski

MALLORI B. OPENCHOWSKI

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, DC 20044

- 0146

Tel.: (202) 305

- 0660

DATED: February 8 , 201 8