In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-771V

Filed: July 29, 2019

UNPUBLISHED

HENRY MILLIGAN, JR.,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Tetanus Diphtheria acellular 

Pertussis (Tdap) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On May 31, 2018, 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 alleges that he suffered a shoulder injury related to vaccine 

administration (“SIRVA”) as a result of the adverse effects of the tetanus-diphtheriaacellular pertussis (“Tdap”) vaccine administered on August 31, 2016. Petition at 1. 

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

On June 12, 2019, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for his SIRVA. On July 29, 2019, respondent filed a proffer on award 

of compensation (“Proffer”) indicating petitioner should be awarded $90,000.00. Proffer 

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

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, the 

undersigned agrees that the identified material fits within this definition, the undersigned will redact such 

material from public access. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is 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).

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

at 1. In the Proffer, respondent represented that petitioner agrees with the proffered 

award. Id. at 1-2. 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 $90,000.00 in the form of a check payable to 

petitioner, Henry Milligan, Jr. This amount represents compensation for all damages 

that would 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.
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

HENRY MILLIGAN, JR.,

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 18-771V

 Chief Special Master Dorsey

 ECF

PROFFER ON AWARD OF DAMAGES

On May 31, 2018, Henry Milligan, Jr. (“petitioner”) filed a petition for compensation 

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -

34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to 

compensation in his Rule 4(c) Report filed on June 11, 2019. Based on Respondent’s Rule 4(c) 

Report the Chief Special Master found petitioner entitled to compensation.

I. Items of Compensation 

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

$90,000.00, which represents all elements of compensation to which petitioner would be entitled 

under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $90,000.00, in the form of a check made payable to petitioner. 1

 

This lump sum payment represents all elements of compensation to which petitioner would be 

 1

 Should petitioner die prior to the 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, future lost earnings, and future pain and suffering.
2 

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

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

Respectfully submitted, 

JOSEPH H. HUNT

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/Jennifer L. Reynaud 

JENNIFER L. REYNAUD

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) 305-1586 

Date: July 29, 2019