Olson v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: May 6, 2022

* * * * * * * * * * * * * JEFFREY E. OLSON, * UNPUBLISHED

*

Petitioner, * No. 20-142V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Damages Decision; Proffer; AND HUMAN SERVICES, * Shoulder Injury Related to Vaccine

* Administration (“SIRVA”). Respondent. *

* * * * * * * * * * * * * Jerome A. Konkel, Samster, Konel and Safran, Wauwatosa, WI, for petitioner.

Claudia B. Ganges, U.S. Dept. of Justice, Washington, D.C., for respondent.

DECISION ON DAMAGES1

On February 10, 2020, Jeffrey E. Olson (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleged that he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of receiving a tetanus vaccination in his left arm on July 1, 2019. Petition (ECF No. 1). On March 4, 2022, the undersigned issued a Ruling on Entitlement, finding that petitioner was entitled to compensation. Ruling on Entitlement (ECF No. 50).

On May 6, 2022, respondent filed a Proffer of Award of Compensation, which indicates petitioner’s agreement to compensation on the terms set forth therein. Proffer (ECF No. 57). The proffer is attached hereto as Appendix A.

Consistent with the terms state in the attached Proffer, I hereby award the following compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a):

1) A lump sum payment of $55,000.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa- 15(a), in the form of a check payable to petitioner.

The Clerk of the Court is directed to ENTER JUDGMENT in accordance with this decision. 3

IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS JEFFREY E. OLSON,

Petitioner, No. 20-142V

Special Master Gowen v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

PROFFER ON AWARD OF COMPENSATION On February 16, 2022, Respondent filed an Amended Rule 4(c) report stating that he does not contest that petitioner is entitled to compensation in this case. ECF No. 49. On March 4, 2022, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to compensation. ECF No. 50.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $55,000.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 1 Petitioner agrees.

II. Form of the Award

Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $55,000.00, in the form of a check payable to petitioner. Petitioner agrees. 1Should 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.

Respectfully submitted, BRIAN M. BOYNTON Principal Deputy 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/ Claudia B. Gangi CLAUDIA B. GANGI Senior 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) 616-4138 Email: [email protected]

Dated: May 6, 2022