# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1535 V
UNPUBLISHED

KENNETH A. BRADLEY

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 11, 2019

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY , for petitioner.

Glenn Alexander MacLeod , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On October 4, 2018

, Kenneth A. Bradley 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 that he suffered a left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination received on January 26, 2018 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On November 4, 2019

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for his SIRVA . On December 10, 2019

, R espondent filed a

p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 85, 423.06, including a lump sum of $85,000.00 payable to Petitio ner and a lump sum

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 ruling will be available to anyone with access to
the internet. In accordance with Vaccine Ru le 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 fits 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 “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

of $423.06 representing comp ensation for satisfaction of the State of Maine ’ s Medicaid

l ien

. Proffer at 1

- 2

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

1. A lump sum paym ent of $ 85,000.00 in the form of a check payable to

P etitioner ; and

2. A lump sum payment of $4 23.06, representing comp ensation for

sati sfaction of the State of M aine ’ s Medicaid lien, payable jointly to

Pe titioner and :

Treasu re r, State of Maine c/o Kelly S. Kramer

Reimb ursement Specialist

Thir d Party Liability
DHHS/OMS
11 State House Station August a , ME 04333

- 0011

Petitioner agrees to endorse this payment to the State of Maine.

The clerk of the 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

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

*

KENNET H A. BRADLEY, *

* Petitioner, *

*

v

. * No. 18-1535V (ECF)

* CHIEF SPECIAL MASTER

* BRIAN H. CORCORAN

SECRETARY OF HEALTH *

AND HUMAN SERVICES

, *

* Respondent. *

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On N ovember 1 , 2019 , respondent filed his Vaccine Rule 4(c) report conceding that

petitioner’s claim meets the Table criteria for SIRVA

. On November 4, 2019, the Court entered

its Ruling on Entitlement, finding petitioner , Kenneth A. Bradley, entitled to Vaccine Act

compensation. Respondent herein proffer s the following amount(s) of r easonable compensation

due petitioner.

I. Items of Compensation

Base d upon the evidence of record, respondent proffer s that petitioner should be awarded

a lump sum total of $85,423.06, which amount represents all elements of compensation to which

petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 1 Petitioner agrees.

Respondent proffers that (as included in the amount above), petitioner should be awarded

funds to satisfy the State of Maine ’s Medicaid lien in the amount of $423.06, which represents

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.2 full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State

of Maine may have against any individual as a result of any Medicaid payments the State of

Maine has made to or on behalf of petitioner from the date of h is eligibility for benefits through

the date of judgment in this case as a result of h is vaccine -related injury suffered on or about

January 26, 2018, under Title XIX of the Social Security Act.

II. Form of the Award

The parties reco mmend that the compensation provided to petitioner should be made

through the lump sum payments described below, and request that the Chief Special Master's

decision , and the Court's judgment, award the following:

(a): A lump sum payment of $85,000.00 in the form of a check payable to petitioner,

Kenneth A. Bradley. 2 Petitioner agrees.

(b): A lump sum payment of $423.06, representing compensation for satisfaction of the

State of Maine’s Medicaid lien, payable jointly to petitioner and,

Treasurer, State of Maine c/o Kelly S. Kramer Reimbursement Specialist Third Party Liability

DHHS/OMS

11 State House Station Augusta, ME 04333-0011

Petitioner agrees to endorse this payment to the State of Maine

.

Respectfully submitted,

JOSEPH H. HUNT Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

2 Petitioner is a competent adult. No guardianship is required.3 CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director Torts Branch, Civil Division

/ s/ GLENN A. MACLEOD

GLENN A. MACLEOD

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) 616-4122

DATE: December 10 , 2019