VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00292
Package ID: USCOURTS-cofc-1_23-vv-00292
Petitioner: Demonta L. Hambright
Filed: 2024-01-03
Decided: 2024-04-05
Vaccine: influenza
Vaccination date: 2021-11-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 59519

AI-assisted case summary:
Demonta L. Hambright filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination he received on or about November 11, 2021. The respondent conceded that Mr. Hambright is entitled to compensation, agreeing that his injury is consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that Mr. Hambright had no prior history of shoulder issues, experienced pain within 48 hours after vaccination, and that the pain was limited to the injection site. The respondent also agreed that the residual effects of the condition lasted for more than six months. Based on the respondent's concession and the evidence, the court found Mr. Hambright entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $59,500.00 for pain and suffering, and $19.61 to satisfy a State of Wisconsin Medicaid lien. Mr. Hambright agreed with this proffered award. The court awarded the total amount of $59,519.61, with the pain and suffering payment made as a lump sum to Mr. Hambright and the Medicaid lien payment made jointly to Mr. Hambright and HMS Wisconsin Casualty Recovery.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00292-0
Date issued/filed: 2024-02-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/03/2024) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00292-UNJ Document 21 Filed 02/05/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-292V
DEMONTA L. HAMBRIGHT, Chief Special Master Corcoran
Petitioner, Filed: January 3, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 28, 2023, Demonta L. Hambright 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”) resulting from an influenza (“flu”) vaccination he received on or
about November 11, 2021. Petition at 1. Petitioner further alleges that the vaccination
was administered within the United States, he suffered the residual effects of his shoulder
injury for more than six months, and that he has never received compensation in the form
of an award or settlement, mor filed a civil action for his vaccine-related injuries. Petition
at 1, 12. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:23-vv-00292-UNJ Document 21 Filed 02/05/24 Page 2 of 2
On December 12, 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. Respondent concluded that “[P]etitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table.” Id. at 3. Specifically, Respondent
determined that “[P]etitioner 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 3-4. Respondent further agrees that Petitioner suffered
the residual effects of his 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

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DOCUMENT 2: USCOURTS-cofc-1_23-vv-00292-1
Date issued/filed: 2024-04-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/01/2024) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00292-UNJ Document 30 Filed 04/05/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-292V
DEMONTA L. HAMBRIGHT, Chief Special Master Corcoran
Petitioner, Filed: March 1, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 28, 2023, Demonta L. Hambright 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”) resulting from an influenza (“flu”) vaccination he received on or
about November 11, 2021. Petition at 1.The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 3, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On February 29, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $59,500.00 in pain
and suffering, and $19.61 to satisfy, in full, the State of Wisconsin Medicaid lien. Proffer
at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:23-vv-00292-UNJ Document 30 Filed 04/05/24 Page 2 of 5
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 the
following compensation:
1. A lump sum payment of $59,500.00 in the form of a check payable to
Petitioner, Demonta L. Hambright.
2. A lump sum payment of $19.61, representing compensation for
satisfaction of the State of Wisconsin Medicaid lien, payable jointly to
Petitioner and HMS Wisconsin Casualty Recovery, and mailed to:
HMS Wisconsin Casualty Recovery
5615 High Point Drive
Irving, TX 75038-9984
Re: Demonta L. Hambright – Case No. 274737
Attention: Shuniqua Young, Case Manager
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 1:23-vv-00292-UNJ Document 30 Filed 04/05/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DEMONTA L. HAMBRIGHT, )
)
Petitioner, )
) No. 23-292V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 28, 2023, Demonta L. Hambright (“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”) because of an influenza (“flu”) vaccine he received in his left deltoid
on November 11, 2021. Petition at 1. On December 12, 2023, 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 January 3, 2024,
the Chief Special Master issued a Ruling on Entitlement finding petitioner was entitled to
compensation. ECF Nos. 17-18.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $59,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:23-vv-00292-UNJ Document 30 Filed 04/05/24 Page 4 of 5
B. Medicaid Lien
Respondent further proffers that petitioner should be awarded funds to satisfy, in full, the
State of Wisconsin Medicaid lien in the amount of $19.61, which represents satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action the State of Wisconsin may have
against any individual as a result of any Medicaid payments the State of Wisconsin has made to
or on behalf of petitioner from the date of petitioner’s eligibility for benefits through the date of
judgment in this case as a result of petitioner’s vaccine-related injury, under Title XIX of the
Social Security Act.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through lump sum payments as described below and requests that the Chief Special Master’s
damages decision and corresponding judgment award the following:1
A. Pain and Suffering Damages
A lump sum payment of $59,500.00 for pain and suffering, in the form of a check
payable to Demonta L. Hambright;
B. Medicaid Lien
A lump sum payment of $19.61, representing compensation for satisfaction of the State
of Wisconsin Medicaid lien, payable jointly to petitioner and to:
HMS Wisconsin Casualty Recovery
5615 High Point Drive
Irving, TX 75038-9984
Re: Demonta L. Hambright – Case No. 274737
Attention: Shuniqua Young, Case Manager
Petitioner agrees to endorse this payment to HMS Wisconsin Casualty Recovery.
1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future pain and suffering, and future lost wages.
2

Case 1:23-vv-00292-UNJ Document 30 Filed 04/05/24 Page 5 of 5
III. Summary of Recommended Payments
A. Lump sum payment to petitioner, Demonta L. Hambright $59,500.00
B. Lump sum payment payable jointly to petitioner and HMS Wisconsin $19.61
Casualty Recovery in satisfaction of the State of Wisconsin Medicaid
Lien. Petitioner agrees to endorse this payment to HMS Wisconsin
Casualty Recovery.
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
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
/s/ AUSTIN J. EGAN
Austin J. Egan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 451-7479
Austin.J.Egan@usdoj.gov
Date: February 29, 2024
3