Socha v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0416V

JAMES SOCHA, Chief Special Master Corcoran Petitioner, v. Filed: June 30, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.

Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON DAMAGES1

On March 18, 2024, James Socha 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 alleged that he suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”) vaccine on November 16, 2022. Petition at 1, ¶¶ 2, 30-31. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 3, 2025, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On June 30, 2025, Respondent filed a Proffer on award of compensation (“Proffer”). Respondent represented that Petitioner agrees with the proffered award. Id. at 1 – 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, I award the following:

A. A lump sum payment of $105,000.00 for pain and suffering, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner.

B. A lump sum payment of $9,381.77 representing compensation for satisfaction of the State of Wisconsin Medicaid lien, payable jointly to Petitioner and to Optum; Petitioner agrees to endorse this payment and mail it to: Optum PO Box 182643 Columbus, OH 43218 Re: James Socha – Event ID 211561942 Attention: Mike Higgason, Recovery Specialist Proffer at 1 – 3. These amounts represent compensation for all damages that would be available under Section 15(a). Id. 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 ) JAMES SOCHA, ) ) Petitioner, ) ) No. 24-416V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER OF DAMAGES On March 18, 2024, James Socha (“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”), alleging that he suffered a shoulder injury related to vaccine administration (“SIRVA”) because of an influenza (“flu”) vaccine he received in his left deltoid on November 16, 2022. Petition at 1. On January 2, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on January 3, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner was entitled to compensation. ECF Nos. 17-18.

I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $105,000.00 in pain and suffering.

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

B. Medicaid Lien Respondent further proffers that petitioner should be awarded funds to satisfy, in full, the State of Wisconsin Medicaid lien in the amount of $9,381.77, which represents satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Wisconsin may have against any individual as a result of any Medicaid payments the State of Wisconsin has made to or on behalf of petitioner from the date of petitioner’s eligibility for benefits through the date of judgment in this case as a result of petitioner’s vaccine-related injury, under Title XIX of the Social Security Act.

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 two lump sum payments as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following 1 A. Pain and Suffering Damages A lump sum payment of $105,000.00 for pain and suffering to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner; B. Medicaid Lien A lump sum payment of $9,381.77, representing compensation for satisfaction of the State of Wisconsin Medicaid lien, payable jointly to petitioner and to Optum; Petitioner agrees to endorse this payment to Optum and mail it to:

1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages.

Optum PO Box 182643 Columbus, OH 43218 Re: James Socha – Event ID: 211561942 Attention: Mike Higgason, Recovery Specialist III. Summary of Recommended Payments A. Lump sum payment to petitioner, James Socha $105,000.00 B. Lump sum payment payable jointly to petitioner and Optum in $9,381.77 satisfaction of the State of Wisconsin Medicaid Lien. Petitioner agrees to endorse this payment to Optum.

Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division TRACI R. PATTON Assistant Director Torts Branch, Civil Division /s/ AUSTIN J. EGAN Austin J. Egan Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 451-7479 [email protected] Date: June 30, 2025