Stamm v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20-1590V

BRENT STAMM, Chief Special Master Corcoran Petitioner, Filed: December 11, 2024 v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Braden Andrew Blumenstiel, The Law Office of DuPont & Blumenstiel, Dublin, OH, for Petitioner.

Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On November 13, 2020, Brent Stamm 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”) following an influenza vaccination he received on November 15, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 1, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his SIRVA. On December 10, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $47,500.00. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the 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.

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).

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $47,500.00 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

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

BRENT STAMM,

Petitioner, v. No. 20-1590V (SPU) Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF

HUMAN SERVICES,

Respondent.

PROFFER ON AWARD OF COMPENSATION

On July 18, 2023, petitioner filed a Motion for Fact Ruling, requesting that the Chief Special Master find that he is entitled to compensation under the Vaccine Act, 42 U.S.C. § 300aa-1 et seq., for shoulder injury related to vaccine administration (“SIRVA”), an injury listed in the Vaccine Injury Table of, 42 C.F.R. § 100.3(a), (c)(10). ECF No. 37 (“Motion”).

Respondent filed his Response to Petitioner’s Motion on October 17, 2023, recommending that entitlement to compensation be denied, and petitioner filed a Reply on December 11, 2023. ECF Nos. 40, 43. On October 1, 2024, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to compensation.1 ECF No. 44.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $47,500.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).2 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 $47,500.00, in the form of a check payable to petitioner. Petitioner agrees.

Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director

Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division JULIA M. COLLISON Assistant Director Torts Branch, Civil Division /s/ Alexa Roggenkamp ALEXA ROGGENKAMP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-4179 Dated: December 10, 2024 [email protected]