VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00737 Package ID: USCOURTS-cofc-1_22-vv-00737 Petitioner: Christopher Beckner Filed: 2022-07-01 Decided: 2023-10-13 Vaccine: Tdap Vaccination date: 2021-11-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 60786 AI-assisted case summary: Christopher Beckner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Table shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccination received on November 6, 2021. His symptoms persisted for more than six months. The respondent conceded that Mr. Beckner was entitled to compensation, stating he had no prior history of shoulder pain, the pain occurred within 48 hours after vaccination, was limited to the vaccinated shoulder, and no other condition explained the pain. The respondent also agreed that the residual effects of his condition lasted for more than six months. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $60,786.43, consisting of $60,000.00 for pain and suffering and $786.43 for past unreimbursable expenses, which Mr. Beckner agreed to. The court awarded this lump sum payment to Mr. Beckner. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00737-0 Date issued/filed: 2023-10-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/05/2023) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00737-UNJ Document 29 Filed 10/12/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0737V CHRISTOPHER BECKNER, Chief Special Master Corcoran Petitioner, v. Filed: September 5, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 1, 2022, Christopher Beckner 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 Table shoulder injury related to vaccine administration (“SIRVA”), as the result of a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination received on November 6, 2021. Petition at 1. Petitioner further alleges that his symptoms have persisted for more than six months. Petition at 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 5, 2023, Respondent filed a combined Rule 4(c) report and Proffer (“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to compensation in this case. Rule 4/Proffer at 1. Specifically, Respondent states “petitioner had no history of 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-00737-UNJ Document 29 Filed 10/12/23 Page 2 of 2 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 3-4. Respondent further agrees that “petitioner suffered the residual effects of his condition for more than six months,” and therefore, 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-00737-1 Date issued/filed: 2023-10-13 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/05/2023) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00737-UNJ Document 30 Filed 10/13/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0737V CHRISTOPHER D. BECKNER, Chief Special Master Corcoran Petitioner, v. Filed: September 5, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 1, 2022, Christopher D. Beckner 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 Table shoulder injury related to vaccine administration (“SIRVA”), as the result of a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination received on November 6, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 5, 2023, a ruling on entitlement was issued finding Petitioner entitled to compensation. On September 5, 2023, Respondent filed a combined Rule 4(c) Report and Proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be awarded a total of $60,786.43, consisting of $60,000.00 in pain and suffering and $786.43, in past unreimbursable expenses. Rule 4/Proffer at 4. In the Rule 4/Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on 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-00737-UNJ Document 30 Filed 10/13/23 Page 2 of 2 the record as a whole, I find that Petitioner is entitled to an award as stated in the Rule 4/Proffer. Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum payment of $60,786.43, (consisting of $60,000.00 in pain and suffering and $786.43 in past unreimbursable 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