VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00684
Package ID: USCOURTS-cofc-1_22-vv-00684
Petitioner: Richard Steck
Filed: 2022-06-17
Decided: 2024-08-09
Vaccine: influenza
Vaccination date: 2021-09-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60052

AI-assisted case summary:
Richard Steck 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 September 30, 2021. He further alleged that the residual effects of this injury persisted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Steck's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent specifically noted that Mr. Steck had no prior history of shoulder issues, that pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. Based on the respondent's concession and the evidence, the court found Mr. Steck entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $60,000.00 for pain and suffering, plus $52.19 to satisfy a Medicaid lien. Mr. Steck agreed to this award. The court awarded the total amount of $60,052.19, covering pain and suffering and the Medicaid lien reimbursement.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00684-0
Date issued/filed: 2024-01-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/19/2023) regarding 28 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00684-UNJ Document 30 Filed 01/18/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0684V
RICHARD STECK, Chief Special Master Corcoran
Petitioner, Filed: December 19, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 17, 2022, Richard Steck 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”) following an influenza vaccination he received on September
30, 2021. Amended Petition at 1. Petitioner further alleges that he has suffered the
residual effects of his vaccine-related injury for more than six months. Amended Petition
at ¶9. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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-00684-UNJ Document 30 Filed 01/18/24 Page 2 of 2
On December 11, 2023, 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 “Petitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table. Specifically, Petitioner had no history
of pain, inflammation, or dysfunction of his left shoulder prior to vaccination; pain occurred
within 48 hours after receipt of an intramuscular vaccination; 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 has satisfied all legal prerequisites for compensation under the
Act.” 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_22-vv-00684-1
Date issued/filed: 2024-08-09
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 07/02/2024) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00684-UNJ Document 42 Filed 08/09/24 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0684V
RICHARD STECK, Chief Special Master Corcoran
Petitioner, Filed: July 2, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 17, 2022, Richard Steck 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”) following an influenza vaccination he received on September 30, 2021.
Amended Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On December 19, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for his SIRVA. On July 1, 2024, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $60,000.00 for
pain and suffering plus $52.19 to satisfy a Medicaid lien. Proffer at 2. In the Proffer,
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.
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-00684-UNJ Document 42 Filed 08/09/24 Page 2 of 6
Pursuant to the terms stated in the attached Proffer, I award the following:
• A lump sum payment of $60,000.00 for pain and suffering in the form
of a check payable to Petitioner, Richard Steck; and
• A lump sum payment of $52.19 in the form of a check jointly payable
to Petitioner and The Phia Group, P.O. Box 499, Canton, MA 02021,
Case #HM20231207-000005, representing reimbursement of a Medicaid
lien for services received by Petitioner from the State of Pennsylvania.
These amounts represent 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-00684-UNJ Document 42 Filed 08/09/24 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
RICHARD STECK, )
)
Petitioner, ) No. 22-684V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On June 17, 2022, Richard Steck (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended.2 He alleges that, as a result of receiving the influenza vaccine on September 30,
2021, he suffered from a left shoulder injury related to vaccination (“SIRVA”). See Amended
Petition. On December 11, 2023, respondent filed his Vaccine 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 December 19, 2023, Chief Special Master Corcoran issued a ruling on entitlement,
finding that petitioner was entitled to compensation. ECF Nos. 26, 28.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.
2 On May 15, 2023, petitioner filed an Amended Petition, alleging the same vaccine-
injury combination, but including additional medical facts. ECF No. 14.

Case 1:22-vv-00684-UNJ Document 42 Filed 08/09/24 Page 4 of 6
II. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $60,000.00 for pain and suffering, in the form of a check payable to petitioner.
Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Pennsylvania Medicaid lien in the amount of $52.19, which represents full satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action the State of Pennsylvania may
have against any individual as a result of any Medicaid payments the State of Pennsylvania 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 alleged vaccine-related injury suffered on or about
September 30, 2021, under Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
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:
2

Case 1:22-vv-00684-UNJ Document 42 Filed 08/09/24 Page 5 of 6
A. A lump sum payment of $60,000.00 in the form of a check payable to petitioner3;
and,
B. A lump sum payment of $52.19, representing reimbursement of a Medicaid lien for
services rendered to petitioner by the State of Pennsylvania, in the form of a check
payable jointly to petitioner and The Phia Group:
The Phia Group
Case # HM20231207-000005
P.O. Box 499
Canton, MA 02021
Petitioner agrees to endorse this check to The Phia Group.
These amounts represent compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
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
3 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
3

Case 1:22-vv-00684-UNJ Document 42 Filed 08/09/24 Page 6 of 6
/s/Emilie F. Williams
EMILIE F. WILLIAMS
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 305-0124
Emilie.williams@usdoj.gov
Dated: June 27, 2024
4