The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-1329V
PHILIP DOKPESI, Chief Special Master Corcoran
Petitioner,
v. Filed: July 14, 2026
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David Gregory Rogers, Rogers, Hofrichter & Karrh, LLC, Fayetteville, GA, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On August 11, 2025, Philip Dokpesi filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the
“Vaccine Act”), alleging that he suffered a shoulder injury related to vaccine administration
(“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3 (“the Table”), as the
result of a human papillomavirus (“HPV”) vaccine he received on August 9, 2024. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On June 11, 2026, a Ruling on Entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On July 13, 2026, Respondent filed a Proffer on an award
of compensation (“Proffer”). Respondent represented that Petitioner agrees with the
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).
proffered award. Id. at 2. 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, Petitioner is awarded a lump
sum of $40,000.00 (for pain and suffering) to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner.
This amount represents compensation for all damages that would be available
under Section 15(a). Proffer at 2. 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
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
PHILIP DOKPESI,
Petitioner, No. 25-1329V
Chief Special Master Corcoran
v. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION 1
On August 11, 2025, Philip Dokpesi (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), as amended, alleging that he suffered a Shoulder Injury Related to
Vaccine Administration (“SIRVA”) following human papilloma virus (“HPV”) and
meningococcal vaccinations he received on August 8, 2024. Petition at 1 (ECF Nos. 1, 13). On
June 11, 2026, respondent filed his Vaccine Rule 4(c) report and conceded that entitlement to
compensation was appropriate under the terms of the Vaccine Act for petitioner’s SIRVA Table
injury. ECF No. 22. Thereafter, on June 11, 2026, the Chief Special Master issued a Ruling on
Entitlement finding that petitioner was entitled to vaccine compensation. ECF No. 23.
I. Items of Compensation
Based on the evidence of record, respondent proffers that petitioner should be awarded
$40,000.00, which is comprised of damages for pain and suffering. See 42 U.S.C. § 300aa-
1
This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.
15(a)(4). This amount represents all elements of compensation to which petitioner is 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 as described below and request that the Chief Special Master’s decision and
the Court’s judgment award the following: 2
A lump sum payment of $40,000.00 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner, Philip Dokpesi.
Petitioner is a competent adult. Proof of guardianship is not required in this case.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
JONATHAN D. GUYNN
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
2
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, future lost earnings, and future pain and suffering.
2
s/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
mallori.b.openchowski@usdoj.gov
DATED: July 13, 2026
3
CERTIFICATE OF SERVICE
I certify that today, July 13, 2026, a copy of the foregoing pleading was served by
electronic mail to Greg Rogers at grogers@rhkpc.com.
s/ Mallori B. Openchowski
4