VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00683
Package ID: USCOURTS-cofc-1_22-vv-00683
Petitioner: Dustin Stamey
Filed: 2022-06-17
Decided: 2025-04-28
Vaccine: influenza
Vaccination date: 2021-12-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55388

AI-assisted case summary:
Dustin Stamey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on December 10, 2021. He further alleged that the injury resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's claim met the Table criteria for SIRVA and that he was entitled to a presumption of vaccine causation. Based on the respondent's concession and the evidence, the Chief Special Master issued a Ruling on Entitlement finding Dustin Stamey entitled to compensation. Subsequently, the respondent filed a Proffer on Award of Compensation, proposing an award of $55,000.00 for pain and suffering and $388.80 for past unreimbursable expenses, totaling $55,388.80. The petitioner agreed with this proffered award. The Chief Special Master issued a Decision Awarding Damages, awarding Dustin Stamey a lump sum payment of $55,388.80 to be paid through an ACH deposit to his counsel's IOLTA account for prompt disbursement.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00683-0
Date issued/filed: 2024-12-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/13/2024) regarding 35 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00683-UNJ Document 37 Filed 12/16/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-683V
DUSTIN STAMEY, Chief Special Master Corcoran
Petitioner, Filed: November 13, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 17, 2022, Dustin Stamey (“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”). Petitioner alleges that he suffered from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving influenza (“flu”) vaccination on
December 10, 2021. Pet., ECF No. 1. Petitioner further alleges that he suffered the
residual effects of his injury for more than six months. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On November 12, 2024, 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)
1 Because this Ruling 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 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:22-vv-00683-UNJ Document 37 Filed 12/16/24 Page 2 of 2
Report at 1, ECF No. 34. Specifically, Respondent indicated that “[P]etitioner’s claim
meets the Table criteria for SIRVA.” Id. at 4. Respondent does not dispute that Petitioner
“is entitled to a presumption of vaccine causation.” Id. at 5.
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_22-vv-00683-1
Date issued/filed: 2025-04-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/27/2025) regarding 42 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00683-UNJ Document 43 Filed 04/28/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-683V
DUSTIN STAMEY, Chief Special Master Corcoran
Petitioner, Filed: March 27, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 17, 2022, Dustin Stamey 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 from a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccination administered to him
on December 10, 2021. Pet., ECF No. 1. Petitioner further alleges that the vaccine was
received in the United States, he suffered sequela of his injury for more than six months,
and neither Petitioner nor any other party has ever received compensation in the form of
an award or settlement for his vaccine-related injury. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
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).

Case 1:22-vv-00683-UNJ Document 43 Filed 04/28/25 Page 2 of 5
On November 13, 2024, a Ruling on Entitlement was issued, finding Petitioner
entitled to compensation for his SIRVA. ECF No. 35. On March 26, 2025, Respondent
filed a Proffer on award of compensation (“Proffer”) indicating Petitioner should be
awarded $55,000.00 in pain and suffering and $388.80 in past unreimbursable expenses.
Proffer at 2, ECF No. 41. In the Proffer, Respondent represented that Petitioner agrees
with the proffered award. See 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 $55,388.80 for pain and suffering and past unreimbursable
expenses to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA
account for prompt disbursement 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 1:22-vv-00683-UNJ Document 43 Filed 04/28/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DUSTIN STAMEY, )
)
Petitioner, )
) No. 22-683V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 17, 2022, Dustin Stamey (“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”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine he received on December 10, 2021. Petition at 1. In the alternative, petitioner alleged
that the December 10, 2021 influenza vaccine caused and/or significantly aggravated his
shoulder condition. Id. On November 12, 2024, 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 November 13, 2024, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
No. 27; ECF No. 34, 35.

Case 1:22-vv-00683-UNJ Document 43 Filed 04/28/25 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $55,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $388.80. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). 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 as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following:1 A lump sum of $55,388.80, to be paid through an
ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
Respectfully submitted,
YAAKOV M. ROTH
Acting Assistant Attorney General
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 lost earnings
and future pain and suffering.
2

Case 1:22-vv-00683-UNJ Document 43 Filed 04/28/25 Page 5 of 5
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
s/ Debra A. Filteau Begley
DEBRA A. FILTEAU BEGLEY
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) 616-4181
Dated: March 26, 2025 Debra.Begley@usdoj.gov
3