In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1535V

UNPUBLISHED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 DAMAGES1

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. Petition 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 Petitioner 

entitled to compensation for his SIRVA. On December 10, 2019, Respondent filed a 

proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded 

$85,423.06, including a lump sum of $85,000.00 payable to Petitioner 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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 EGovernment 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 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 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 subparagraph of 42 U.S.C. 

§ 300aa (2012).
2

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

lien. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with 

the proffered award. Id. Based on the record as a whole, I find that Petitioner 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 payment of $85,000.00 in the form of a check payable to 

Petitioner; and

2. 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.

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

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

*

KENNETH 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 November 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 proffers the following amount(s) of reasonable compensation 

due petitioner. 

I. Items of Compensation

Based upon the evidence of record, respondent proffers 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 his eligibility for benefits through 

the date of judgment in this case as a result of his 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 recommend 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