VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01753 Package ID: USCOURTS-cofc-1_19-vv-01753 Petitioner: Jason Manus Filed: 2019-11-13 Decided: 2022-02-14 Vaccine: HPV Vaccination date: 2019-01-24 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 62813 AI-assisted case summary: Jason Manus filed a petition on November 13, 2019, alleging that he suffered a right shoulder injury related to vaccine administration (SIRVA) from a human papillomavirus (HPV) vaccination he received on January 24, 2019. The respondent conceded entitlement to compensation, agreeing that Mr. Manus had no prior shoulder issues, that his pain occurred within 48 hours of vaccination, was limited to the injection site, and that no other condition explained the pain. The respondent also agreed that the residual effects lasted more than six months. Based on the concession and the evidence, the court ruled on entitlement on April 29, 2021. Subsequently, on January 14, 2022, the parties submitted a proffer on damages. The respondent recommended an award of $62,813.72, comprising $62,500.00 for pain and suffering and $313.72 for past unreimbursable expenses, which Mr. Manus agreed to. The court awarded this amount as a lump sum payment. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01753-0 Date issued/filed: 2021-06-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/29/2021) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01753-UNJ Document 27 Filed 06/03/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1753V UNPUBLISHED JASON MANUS, Chief Special Master Corcoran Petitioner, Filed: April 29, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Human Papillomavirus (HPV) Vaccine; Shoulder Injury Respondent. Related to Vaccine Administration (SIRVA) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On November 13, 2019, Jason Manus 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 right shoulder injury related to vaccine administration (SIRVA) resulting from a human papillomavirus vaccination administered on January 24, 2019. Petition at Preamble. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 28, 2021, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Petitioner had no history of pain, inflammation, or dysfunction of his shoulder; 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the ruling 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01753-UNJ Document 27 Filed 06/03/21 Page 2 of 2 medical records document that the shoulder pain occurred within 48 hours of vaccination; the pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain Petitioner’s shoulder pain. Id. at 4. Respondent further agrees that Petitioner suffered the residual effects of the condition for more than six months. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-01753-1 Date issued/filed: 2022-02-14 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 01/14/2022) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01753-UNJ Document 39 Filed 02/14/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1753V UNPUBLISHED JASON MANUS, Chief Special Master Corcoran Petitioner, Filed: January 14, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Human Papillomavirus (HPV) Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 13, 2019, Jason Manus 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 right shoulder injury related to vaccine administration (“SIRVA”) from a human papillomavirus (“HPV”) vaccine he received on January 24, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 28, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his right SIRVA injury. ECF No. 24. On January 14, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $62,813.72, representing $62,500.00 in actual and projected pain and suffering and $313.72 in past reimbursable expenses. Proffer at ¶I(A)-(C). In the Proffer, 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012). Case 1:19-vv-01753-UNJ Document 39 Filed 02/14/22 Page 2 of 5 Respondent represented that Petitioner agrees with the proffered award. Id. 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 Petitioner a lump sum payment of $62,813.72 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 the 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 Case 1:19-vv-01753-UNJ Document 39 Filed 02/14/22 Page 3 of 5 THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JASON MANUS, Petitioner, No. 19-1753V Chief Special Master Corcoran v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF DAMAGES On November 13, 2019, Jason Manus (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that he suffered a right Shoulder Injury Related to Vaccine Administration (“SIRVA”) resulting from a human papilloma virus (“HPV”) vaccination administered on January 24, 2019. Petition at Preamble. Respondent concluded that petitioner’s alleged injury satisfied the criteria of the Vaccine Injury Table, and therefore conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on April 28, 2021. ECF No. 23. Based on Respondent’s Rule 4(c) Report the Court found petitioner entitled to compensation on April 29, 2021. ECF No. 24. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $62,500.00 in actual and projected pain and suffering. This amount reflects that any award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:19-vv-01753-UNJ Document 39 Filed 02/14/22 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents his expenditure of past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $313.72. Petitioner agrees. II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $62,813.72 in the form of a check made payable to petitioner.1 This lump sum payment represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division 1 Should 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. 2 Case 1:19-vv-01753-UNJ Document 39 Filed 02/14/22 Page 5 of 5 s/Jennifer L. Reynaud JENNIFER L. REYNAUD 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) 305-1586 Jennifer.L.Reynaud@usdoj.gov DATED: January 14, 2022 3