VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00381 Package ID: USCOURTS-cofc-1_24-vv-00381 Petitioner: Ryan Guzek Filed: 2024-12-03 Decided: 2025-01-23 Vaccine: Tdap Vaccination date: 2023-09-01 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 53900 AI-assisted case summary: Ryan Guzek filed a petition for compensation under the National Vaccine Injury Compensation Program on December 3, 2024, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on September 1, 2023. He claimed his symptoms persisted for longer than six months. The respondent filed a Rule 4(c) Report Conceding Entitlement to Compensation and Proffer of Damages, agreeing that the injury was consistent with SIRVA as defined by the Table and that Mr. Guzek met all legal prerequisites for compensation. Based on the respondent's concession and the record, entitlement to compensation was granted on December 3, 2024. Subsequently, on January 23, 2025, a decision was issued awarding Mr. Guzek a total of $53,900.00. This award comprised $52,500.00 for pain and suffering and $1,400.00 for past unreimbursable expenses, representing compensation for all damages available under Section 15(a) of the Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00381-0 Date issued/filed: 2025-01-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/03/2024) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00381-UNJ Document 33 Filed 01/22/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0381V RYAN GUZEK, Chief Special Master Corcoran Petitioner, Filed: December 3, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner. Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 11, 2024, Ryan Guzek 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”), a defined Table injury, after receiving a Tdap vaccine on September 1, 2023. Petition at 1, ¶¶ 2, 20. Petitioner further alleges that his symptoms have persisted for longer than six months. Id. at ¶ 22. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 2, 2024, Respondent filed his Rule 4(c) Report Conceding Entitlement to Compensation and Proffer of Damages (“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to compensation in this case. Rule 4/Proffer at 1. 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 1:24-vv-00381-UNJ Document 33 Filed 01/22/25 Page 2 of 2 Respondent states that ‘Petitioner’s alleged injury is consistent with SIRVA as defined by the Table. Specifically, Petitioner had no history of pain, inflammation, or dysfunction of his right shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and limited range of motion 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 “based on the record as it now stands, 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-00381-1 Date issued/filed: 2025-01-23 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/03/2024) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00381-UNJ Document 34 Filed 01/23/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0381V RYAN GUZEK, Chief Special Master Corcoran Petitioner, Filed: December 3, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner. Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 11, 2024, Ryan Guzek 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”), a defined Table injury, after receiving a Tdap vaccine on September 1, 2023. Petition at 1, ¶¶ 2, 20. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 3, 2024, I issued a ruling on entitlement, finding Petitioner entitled to compensation for her SIRVA. In this case, Respondent filed a combined Rule 4(c) Report Conceding Entitlement to Compensation and Proffer of Damages (“Rule 4/Proffer”) indicating Petitioner should be awarded $53,900.00, comprised of $52,500.00 for pain and suffering and $1,400.00 for past unreimbursable expenses. Rule 4/Proffer at 4-5. Respondent represented that Petitioner agrees with the proffered award. Id. Based 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 1:24-vv-00381-UNJ Document 34 Filed 01/23/25 Page 2 of 2 on 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 combined Rule 4/Proffer,3 I award Petitioner a lump sum payment of $53,900.00, comprised of $52,500.00 for pain and suffering and $1,400.00 for 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the Rule 4/Proffer contains detailed medical information, it will not be filed as an attachment to this Decision. 4 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