VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00475
Package ID: USCOURTS-cofc-1_14-vv-00475
Petitioner: Marlon Sporer
Filed: 2014-09-04
Decided: 2015-03-18
Vaccine: Tetanus Toxoid
Vaccination date: 2009-04-06
Condition: right arm injury and sterile abscess
Outcome: compensated
Award amount USD: 174835

AI-assisted case summary:
Marlon Sporer filed a petition for compensation under the National Vaccine Injury Compensation Program on September 4, 2014, alleging injury from a Tetanus Toxoid (TT) vaccine received on April 6, 2009. He claimed either anaphylaxis as a Table injury or, alternatively, an injury caused-in-fact by the vaccine. The respondent conceded that Mr. Sporer suffered a right arm injury and a sterile abscess caused-in-fact by the TT vaccination. Based on this concession and a review of the record, the Special Master issued a Ruling on Entitlement on September 4, 2014, finding Mr. Sporer entitled to compensation. Subsequently, on February 23, 2015, the parties filed a Proffer on award of compensation. The respondent agreed to an award of $80,000 to Mr. Sporer and $76,419.83 to satisfy a Medicaid lien with the New York City Human Resources Administration. Mr. Sporer agreed to these amounts, and the Special Master issued a Decision on Damages awarding a total of $156,419.83. Later, on March 10, 2015, the parties filed a Stipulation for attorneys' fees and costs. The Special Master found the petition was brought in good faith with a reasonable basis and awarded $16,416.12 for attorneys' fees and costs, payable jointly to Mr. Sporer and his attorney. The total compensation awarded in this case was $172,836.00.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00475-0
Date issued/filed: 2014-09-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/04/2014) regarding 8 Ruling on Entitlement (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00475-UNJ Document 10 Filed 09/26/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 14-475V
Filed: September 4, 2014
* * * * * * * * * * * * * * **
MARLON SPORER, * UNPUBLISHED
*
Petitioner, *
* Special Master Gowen
v. *
*
SECRETARY OF HEALTH * Tetanus Toxoid (TT) Vaccine;
AND HUMAN SERVICES, * Right Arm Injury; Sterile Abscess;
* Conceded.
Respondent. *
* * * * * * * * * * * * * * **
Gerard Ryan, Kelner & Kelner, New York, NY, for petitioner.
Julia McInerny, United States Department of Justice, Washington, DC, for respondent.
UNPUBLISHED RULING ON ENTITLEMENT1
On June 4, 2014, Marlon Sporer (“petitioner”) filed a petition for compensation under the
National Vaccine Injury Compensation Program (“the Program”).2 Petitioner alleges that he
suffered from the Table Injury of anaphylaxis and related sequelae, or that, in the alternative, he
suffered from an injury that was caused-in-fact by a Tetanus Toxoid (“TT”) vaccine he received
in his right arm on April 6, 2009. Petition at 1.
On September 3, 2014, respondent filed a report pursuant to Vaccine Rule 4(c) in which
she concludes that “compensation is appropriate in this case based upon the medical record
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002 § 205, 44 U.S.C. § 3501 (2006). In
accordance with the Vaccine Rules, each party has 14 days within which to request redaction “of
any information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b). Further, consistent with the rule requirement, a motion for redaction must include a
proposed redacted decision. If, upon review, the undersigned agrees that the identified material
fits within the requirements of that provision, such material will be deleted from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.
1

Case 1:14-vv-00475-UNJ Document 10 Filed 09/26/14 Page 2 of 2
showing that petitioner’s right arm injury and sterile abscess were caused-in-fact by the TT
vaccination administered on April 6, 2009.” Respondent’s Report at 4.
In view of respondent’s position and of the undersigned’s review of the entire record, see
§ 300aa-13(a)(1), the undersigned finds that petitioner is entitled to compensation for an injury
that was caused-in-fact by a covered vaccine. 42 C.F.R. § 100.3(a)(XIV); Althen v. Sec’y of
Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005). A separate damages order will issue.
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00475-1
Date issued/filed: 2015-03-18
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 02/23/2015) regarding 21 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00475-UNJ Document 27 Filed 03/18/15 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-475V
Filed: February 23, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * *
MARLON SPORER *
*
Petitioner, * Decision on Damages; Tetanus Toxid;
v. * Right-arm Injury; Abscess
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * *
Gerard K. Ryan, Kelner & Kelner, New York, NY for petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC for respondent.
DECISION ON DAMAGES1
Gowen, Special Master:
On June 4, 2014, Marlon Sporer (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2
[the “Vaccine Act” or “Program”]. The petition alleges that he suffered from the Table
injury of anaphylaxis and related sequelae, or that, in the alternative, he suffered from an
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I
intend to post this ruling on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as
amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has
14 days to identify and move to delete 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 delete 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of
42 U.S.C. § 300aa (2006).
1

Case 1:14-vv-00475-UNJ Document 27 Filed 03/18/15 Page 2 of 6
injury that was caused-in-fact by a Tetanus Toxid (“TT”) vaccine. Petition at ¶ 1. On
September 3, 2014, respondent filed a Rule 4(c) Report [“Respondent’s Report”], in which
she concedes that petitioner is entitled to compensation for a right arm injury and sterile
abscess caused-in-fact by a TT vaccination administered on April 6, 2009. Respondent’s
Report at 4. The undersigned issued a Ruling on Entitlement on September 4, 2014 in
favor of petitioner.
On February 23, 2015, respondent filed a Proffer on award of compensation,
indicating that petitioner has agreed to award of compensation in the amount of $80,000 to
be paid to petitioner only, and an amount of $76,419.83 to be paid on petitioner’s behalf to
the New York City Human Resources Administration. Petitioner’s counsel was contacted
by the undersigned’s chambers on February 23, 2015, and he confirmed petitioner’s
agreement with the proposed compensation amounts stated in the Proffer. Pursuant to the
terms in the attached Proffer, the undersigned awards petitioner the following
compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a):
1. A lump sum payment of $80,000.00 in the form of a check payable to
petitioner, Marlon Sporer; and
2. A lump sum payment of $76,419.83 in the form of a check jointly payable
to petitioner and the New York City Human Resources Administration at
New York City Human Resources Administration
Division of Liens & Recovery
P.O. Box 3786 – Church Street Station
New York, NY 10008 -3786
Attn: Amy Wheeler
This amount represents full satisfaction of any right of subrogation,
assignment, claim, lien, or cause of action that the New York City
Department of Social Services and/or the State of New York may have
against any individual as a result of any Medicaid payments that the New
York City Department of Social Services and/or the State of New York has
made to or on behalf of petitioner from the date of his eligibility for benefits
through the date of judgment in this case as a result of his vaccine-related
injury suffered on or about April 6, 2009 under Title XIX of the Social
Security Act.
2

Case 1:14-vv-00475-UNJ Document 27 Filed 03/18/15 Page 3 of 6
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
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
3

Case 1:14-vv-00475-UNJ Document 27 Filed 03/18/15 Page 4 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
MARLON SPORER, )
)
Petitioner, )
) No. 14-475V
v. ) Special Master Gowan
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
The Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report on
September 3, 2014, conceding that the injury to petitioner’s right arm and related sequelae, were
caused-in-fact by the administration of his April 6, 2009, tetanus toxoid (TT) vaccine, and that
these injuries are not due to factors unrelated to the administration of the TT vaccine.
Respondent recommended that petitioner be awarded compensation for his injuries. Respondent
hereby submits the following proffer regarding the award of compensation. For the purposes of
this proffer, the term “vaccine-related” is as described in Respondent’s Rule 4(c) Report.
I. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following compensation payments in the following forms:
A. A lump sum payment of $80,000.00 in the form of a check payable to petitioner;
B. A lump sum payment of $76,419.83, which amount represents full satisfaction of
any right of subrogation, assignment, claim, lien, or cause of action that the New York City
Department of Social Services and/or the State of New York may have against any individual as
a result of any Medicaid payments that the New York City Department of Social Services and/or
the State of New York has made to or on behalf of petitioner from the date of his eligibility for
benefits through the date of judgment in this case as a result of his vaccine-related injury suffered
on or about April 6, 2009 under Title XIX of the Social Security Act, in the form of a check

Case 1:14-vv-00475-UNJ Document 27 Filed 03/18/15 Page 5 of 6
payable jointly to petitioner and
New York City Human Resources Administration
Division of Liens & Recovery
P.O. Box 3786 – Church Street Station
New York, NY 10008-3786
Attn: Amy Wheeler
Petitioner agrees to endorse this payment to the New York City Human Resources
Administration. Respondent proffers that these four payments represent all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1
Petitioner agrees.
II. Summary of Recommended Payments Following Judgment
1. Lump sum paid to petitioner: $80,000.00
2. Lump sum paid jointly to petitioner and
New York Human Resources Administration
(Attn: Amy Wheeler): $76,419.83
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
1 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

Case 1:14-vv-00475-UNJ Document 27 Filed 03/18/15 Page 6 of 6
s/ JULIA W. MCINERNY
JULIA W. MCINERNY
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) 353.3919
DATED: February 23, 2015
3

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00475-2
Date issued/filed: 2015-04-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/11/2015) regarding 25 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00475-UNJ Document 28 Filed 04/01/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-475V
Filed: March 11, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * *
MARLON SPORER *
*
Petitioner, * Attorneys’ Fees & Cost; Stipulation
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * *
Gerard K. Ryan, Kelner & Kelner, New York, NY for petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued a
decision adopting the parties’ Proffer and awarding damages on February 23, 2015. On
March 10, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees and
costs [Fee Stip.]. Fee Stip., filed Mar. 10, 2015. Additionally, pursuant to General Order
#9, petitioners’ counsel asserted that petitioner did not personally incur litigation costs in
this matter. Id. at para. 4.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this
decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002,
Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In
accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete 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 delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006).
1

Case 1:14-vv-00475-UNJ Document 28 Filed 04/01/15 Page 2 of 2
The parties’ stipulation indicates that respondent does not object to the amended
amount of $16,416.12 that petitioner is requesting for attorneys’ fees and costs.
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate. Accordingly, I hereby award:
 a lump sum of $16,416.12 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Gerard Ryan, for petitioner’s
attorneys’ fees and costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See
Vaccine Rule 11(a).
2