# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1255 V

UNPUBLISHED

WESLEY GREENE

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: April 7, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Tetanus Diphtheria acellular

Pertussis (Tdap) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for petitioner.

Naseem Kourosh , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On August 22, 2019

, Wesley Greene 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 left shoulder injuries related to vaccine

administration (“SIRVA”) as a result of a Tetanus, Diphtheria and Pertussis (“Tdap”)

vaccine received on May 7, 2018 . Petit ion at 1 . The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On March 31, 2021

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

to compensation for SIRVA . On April 6, 2021

, R espondent filed a p roffer on a ward of

compensation (“Proffer”) indicating P etitioner should be awarded $ 55,000.00

. Proffer at

1

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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 decision 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 subpara graph 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 $ 55,000.00 (all for pain and suffering) in the form of a check

payable to P etitioner

. 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/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 fil ing of notice

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

OFFICE OF SPECIAL MASTERS

WESLEY GREENE

,

Petitioner

,

v

.

SECRETARY OF HEALTH

AND HUMAN SERVICES,

Respondent. )

)

)

)

)

)

)

)

)

)

)

) No. 19

- 1255 V (ECF)

Chief Special Master Corc oran

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On August 22, 2019, Wesley Greene (“petitioner”) filed a petition for compensation

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34 (2018)

(the “ Vaccine Act”)

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

administration (“SIRVA”). ECF No. 1 (Petition) at 1.

On March 29, 2021, respondent filed a report conceding that compensation under the

Vaccine Act i s appropriate in this case . EC F No. 22.

On Mach 31, 2021, the Chief Special Master issued a Ruling on Entitle ment, finding that

petitioner is entitled to compensation. ECF No. 23. On the same date, the Chief Special Master

issued a Damages Order. ECF No. 24.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded

$55,000.00. The award is comprised of the following: $55,000.00 for pain and suffering. This

amount represents all elements of compensation to which petitioner woul d be entitled under 42

U.S.C. § 300aa

- 15(a)

. Petitioner agrees.II. Form of the Award

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

a lump sum payment of $ 55,000.00 , in the form of a check payable to petitioner. Petitioner

agrees.

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

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/ s/ Naseem Kourosh

NA S EEM KOUROSH

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

, Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 598

- 0899

E

- mail: Naseem.Kourosh @usdoj.gov

DATED: April 6 , 202 1