VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00106
Package ID: USCOURTS-cofc-1_20-vv-00106
Petitioner: Wesley Faske
Filed: 2020-01-31
Decided: 2023-01-30
Vaccine: influenza
Vaccination date: 2018-10-08
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 44338

AI-assisted case summary:
Wesley Faske filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 8, 2018. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, stating that Petitioner satisfied the criteria for a presumptive flu vaccine-induced SIRVA injury and all statutory and jurisdictional requirements. A ruling on entitlement was issued on June 25, 2021, finding Petitioner entitled to compensation. Subsequently, on December 27, 2022, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $44,338.69, comprised of $42,500.00 for pain and suffering and $1,838.69 for past unreimbursable out-of-pocket medical expenses. Petitioner agreed with the proffered award. The decision awarded Petitioner a lump sum payment of $44,338.69.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00106-0
Date issued/filed: 2021-07-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/25/2021) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00106-UNJ Document 36 Filed 07/28/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0106V
UNPUBLISHED
WESLEY FASKE, Chief Special Master Corcoran
Petitioner, Filed: June 25, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Sean Franks Greenwood, Greenwood Law Firm, Houston, TX, for Petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 31, 2020, Wesley Faske 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 that he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine that was administered
to him on October 8, 2018. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On June 24, 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, Respondent states that “[P]etitioner has satisfied the criteria set forth in the
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for
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 1:20-vv-00106-UNJ Document 36 Filed 07/28/21 Page 2 of 2
a presumptive flu vaccine-induced SIRVA injury”. Id. at 4. Respondent further agrees
that Petitioner has satisfied all statutory and jurisdictional requirements. 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

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00106-1
Date issued/filed: 2023-01-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/27/2022) regarding 56 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-00106-UNJ Document 60 Filed 01/30/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0106V
UNPUBLISHED
WESLEY FASKE, Chief Special Master Corcoran
Petitioner, Filed: December 27, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Sean Franks Greenwood, The Greenwood Law Firm, Houston, TX, for Petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 31, 2020, Wesley Faske 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”) as a result of an influenza (“flu”) vaccine that was administered
to him on October 8, 2018. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On June 25, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On December 27, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $44,338.69
(comprised of $42,500.00 for pain and suffering and $1,838.69 for past unreimbursable
out-of-pocket medical expenses). Proffer at 1. In the Proffer, Respondent represented
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 1:20-vv-00106-UNJ Document 60 Filed 01/30/23 Page 2 of 4
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 $44,338.69 (comprised of $42,500.00 for pain and suffering and
$1,838.69 for past unreimbursable out-of-pocket medical expenses) 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
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 1:20-vv-00106-UNJ Document 60 Filed 01/30/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
WESLEY FASKE, )
)
Petitioner, ) No. 20-106V
) Chief Special Master
v. ) Brian H. Corcoran
) SPU
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On January 31, 2020, Wesley Faske (“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. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on June 24, 2021. ECF No. 33. Based on
Respondent’s Rule 4(c) Report, on June 25, 2021, Chief Special Master Corcoran found
petitioner entitled to compensation for his SIRVA injury. ECF No. 34.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$44,338.69. The award is comprised of $42,500.00 for petitioner’s pain and suffering and
$1,838.69 for past unreimbursable out-of-pocket medical expenses. This represents all elements
of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.

Case 1:20-vv-00106-UNJ Document 60 Filed 01/30/23 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $44,338.69 in the form of a check made payable to petitioner. 1
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Althea Walker Davis
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
Althea.Davis@usdoj.gov
DATED: December 27, 2022
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