# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 0951 V

UNPUBLISHED

CRAIG SIEFKER

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 19, 2021

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

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

Lynn Christina Schlie

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

DECISION AWARDING DAMAGES 1

On July 1, 2019

, C raig S iefker 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”) a s a result of an influenza (flu) vaccination on November 8, 2017

. Petition at ¶¶ 1

. The case was assigned to the Special Processing Unit of the Office of Special
Masters.

On May 14, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On August 18, 2021

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 25,200.00

, representing compensation in the amount of $25,000.00 for his pain and suffering and $200.00 for his out

- of

- pocket expenses

. Proffer at 1

. In the Proffer, R espondent

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). T hi s 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 cit ation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 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 P etitioner a lump sum payment of $ 25,200.00 , representing compensation in the amounts of $25,000.00 for his pain and suffering and $200.00 for his actual expenses 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 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 CO URT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________ ) CRAIG SIEFKER, ) ) Petitioner, ) No. 19-951V v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On May 14, 2021, respondent conceded that en titlement to compensation was appropriate

under the terms of the Vaccine Ac t. ECF No. 30. Thereafter, Chief Special Master Corcoran

issued a Ruling on Entitlement, finding that peti tioner was entitled to vaccine compensation for

her Shoulder Injury Relate d to Vaccine Administration (“SIRVA”). ECF No. 31.

I. Items of Compensation

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

$25,200.00. The award is comprised of the following: $25,000.00 for pain and suffering, and

$200.00 for out of pocket expenses. This amount re presents all elements of compensation to

which petitioner would be enti tled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award

The parties recommend that compensation provi ded to petitioner should be made through

a lump sum payment of $25,200.00 , in the form of a check payable to petitioner. Petitioner

agrees.

Petitioner is a competent adult. Evidence of guardianship is not requ ired 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 Deputy Director Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director Torts Branch, Civil Division

/s/ LYNN C. SCHLIE Lynn C. Schlie 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) 616-3667 Fax: (202) 616-4310

Dated: August 18, 2021