VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00833 Package ID: USCOURTS-cofc-1_24-vv-00833 Petitioner: Louis Quick Filed: 2025-04-23 Decided: 2025-05-29 Vaccine: Tdap Vaccination date: 2022-11-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45245 AI-assisted case summary: Louis Quick filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of his tetanus diphtheria acellular pertussis (Tdap) vaccination on November 21, 2022. He stated that he received the vaccination in the United States, suffered residual effects for more than six months, and had no prior award or settlement for his injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer of Damages, conceding that Mr. Quick is entitled to compensation. The respondent confirmed that the injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting no prior history of shoulder issues, pain within forty-eight hours of vaccination, reduced range of motion limited to the injection site, and no other identified cause. The respondent also confirmed the injury's residual effects lasted more than six months. Based on the respondent's concession and the evidence, the court found Mr. Quick entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $45,245.00 for pain and suffering, which Mr. Quick agreed to. The court awarded Mr. Quick a lump sum payment of $45,245.00 for pain and suffering, 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-00833-0 Date issued/filed: 2025-05-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/23/2025) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00833-UNJ Document 28 Filed 05/28/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-833V LOUIS QUICK, Chief Special Master Corcoran Petitioner, Filed: April 23, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Timothy James Lessman, Knutson & Casey Law Firm, Mankato, MN, for Petitioner. Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On May 30, 2024, Louis Quick 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 injury – shoulder injury related to vaccine administration (“SIRVA”) as a result of his November 21, 2022 tetanus diphtheria acellular pertussis (“Tdap”) vaccination. Petition at 1. Petitioner further alleges that he received his vaccination in the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. See Petition at ¶¶ 4, 13-14. 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 1:24-vv-00833-UNJ Document 28 Filed 05/28/25 Page 2 of 2 On April 21, 2025, Respondent filed his Rule 4(c) Report and Proffer of Damages in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report and Proffer of Damages at 1, ECF No. 20. Specifically, Respondent states that the Division of Injury Compensation Programs, Department of Health and Human Services (“DICP”) has reviewed the petition and medical records filed in this case and has concluded that compensation is appropriate. DICP has concluded 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 right shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced 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. 42 C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the medical records outlined above, petitioner suffered the residual effects of his condition for more than six months. Therefore, based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i). 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_24-vv-00833-1 Date issued/filed: 2025-05-29 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/23/2025) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00833-UNJ Document 29 Filed 05/29/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-833V LOUIS QUICK, Chief Special Master Corcoran Petitioner, Filed: April 23, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Timothy James Lessman, Knutson & Casey Law Firm, Mankato, MN, for Petitioner., for Petitioner. Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On May 30, 2024, Louis Quick 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 injury – shoulder injury related to vaccine administration (“SIRVA”) as a result of his November 21, 2022 tetanus diphtheria acellular pertussis (“Tdap”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 23, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On April 21, 2025, Respondent filed his Rule 4(c) Report and Proffer of Damages (“Proffer”) indicating Petitioner should be awarded $45,245.00 representing pain and suffering. Proffer at 5-6, ECF No. 20. In the Proffer, Respondent 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-00833-UNJ Document 29 Filed 05/29/25 Page 2 of 2 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. Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum payment of $45,245.00 (representing pain and suffering), 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