Opinion

Brown v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Dec 6, 2024
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 23-1970V

PATRICK BROWN, Chief Special Master Corcoran

Petitioner, Filed: October 30, 2024

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Jubaile Abila, Groth Law Firm, S.C., Brookfield, WI, for Petitioner.

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

DECISION AWARDING DAMAGES1

On November 9, 2023, Patrick Brown 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”) resulting from an influenza vaccine he received on November

19, 2020. Petition at 1-6. Petitioner further alleges that the vaccine was administered in

the United States, he experienced symptoms of his injury for more than six months, and

he has not received any compensation in the form of an award or settlement for his

vaccine-related injuries, nor has he filed a civil action prior to filing this Petition. Petition

at ¶¶ 2, 15, 16. Ex. 2. The case was assigned to the Special Processing Unit of the Office

of Special Masters.

On October 30, 2024, a ruling on entitlement was issued, finding Petitioner entitled

to compensation for SIRVA. On October 30, 2024, Respondent filed a proffer on award

1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made

publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or

at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government

Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.

§ 300aa (2018).

of compensation (“Proffer”) indicating Petitioner should be awarded $55,000.00. Proffer

at 4-5. 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 Proffer, I award Petitioner a lump sum

payment of $55,000.00 (in pain and suffering) in the form of a check payable to

Petitioner. This amount represents compensation for all damages that would be available

under Section 15(a).

The Clerk of 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.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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