Opinion

Dokpesi v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Aug 21, 2026
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Unpublished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. 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

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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