VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00880 Package ID: USCOURTS-cofc-1_24-vv-00880 Petitioner: Charles Wolle Filed: 2025-01-06 Decided: 2025-05-29 Vaccine: Tdap Vaccination date: 2022-11-25 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 98528 AI-assisted case summary: Charles Wolle filed a petition for compensation under the National Vaccine Injury Compensation Program on January 6, 2025, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following a tetanus (Tdap) vaccination received on November 25, 2022. He further alleged that the injury resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 20, 2024, conceding that Mr. Wolle's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on January 6, 2025, finding Mr. Wolle entitled to compensation. Subsequently, on April 22, 2025, the respondent filed a proffer on the award of compensation, indicating that Mr. Wolle should be awarded $98,528.88. This amount was comprised of $95,000.00 for pain and suffering, $330.08 for past unreimbursable expenses, and $3,198.80 for past lost wages. The proffer stated that Mr. Wolle agreed with this proposed award. On May 29, 2025, Chief Special Master Corcoran issued a Decision Awarding Damages, adopting the terms of the proffer and awarding Mr. Wolle a lump sum payment of $98,528.88. The award was to be paid through an ACH deposit to Mr. Wolle's counsel's IOLTA account for prompt disbursement. Petitioner was represented by Joseph P. Shannon of Shannon Law Group, P.C., and Respondent was represented by Sarah Black Rifkin of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received by Mr. Wolle. Theory of causation field: Petitioner Charles Wolle alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on November 25, 2022. The respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. The public text does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence. Petitioner was found entitled to compensation based on the respondent's concession. An award of $98,528.88 was granted, consisting of $95,000.00 for pain and suffering, $330.08 for past unreimbursable expenses, and $3,198.80 for past lost wages. This award was agreed upon by both parties via a proffer. Chief Special Master Brian H. Corcoran issued the Ruling on Entitlement on January 6, 2025, and the Decision Awarding Damages on May 29, 2025. Petitioner was represented by Joseph P. Shannon, and Respondent by Sarah Black Rifkin. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00880-0 Date issued/filed: 2025-02-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/06/2025) regarding 15 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00880-UNJ Document 21 Filed 02/07/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0880V CHARLES WOLLE, Chief Special Master Corcoran Petitioner, Filed: January 6, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph P. Shannon, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 7, 2024, Charles Wolle 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 a tetanus vaccination he received on November 25, 2022. Petition at 1. Petitioner further alleges that he has suffered his vaccine-related injury for more than six months. Petition at ¶ 32. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 20, 2024, 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 states that “Petitioner’s alleged injury is consistent with SIRVA 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-00880-UNJ Document 21 Filed 02/07/25 Page 2 of 2 as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees that “based on the medical records . . . 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-00880-1 Date issued/filed: 2025-05-29 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 04/23/2025) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00880-UNJ Document 31 Filed 05/29/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0880V CHARLES WOLLE, Chief Special Master Corcoran Petitioner, Filed: April 23, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph P. Shannon, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 7, 2024, Charles Wolle 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 a tetanus vaccination he received on November 25, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 6, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his SIRVA. On April 22, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $98,528.88, comprised of $95.000.00 for pain and suffering, $330.08 for past unreimbursable expenses, and $3,198.80 for past lost wages. Proffer at 1-2. 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 1:24-vv-00880-UNJ Document 31 Filed 05/29/25 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $98,528.88, comprised of $95,000.00 for pain and suffering, $330.08 for past unreimbursable expenses, and $3,198.80 for past lost wages, 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 Case 1:24-vv-00880-UNJ Document 31 Filed 05/29/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CHARLES WOLLE, Petitioner, No. 24-880V (ECF) Chief Special Master Corcoran v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On June 7, 2024, Charles Wolle (“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 right shoulder injury related to vaccine administration (“SIRVA”), “resulting from a tetanus vaccination he received on November 25, 2022.”1 Petition at 1. On December 20, 2024, 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. ECF No. 14. On January 6, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 15. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $95,000.00 in pain and suffering damages. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 According to his vaccination record, petitioner received a combined tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine on November 25, 2022. Petitioner’s Exhibit 2 at 145. Case 1:24-vv-00880-UNJ Document 31 Filed 05/29/25 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $330.08. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. C. Lost Wages Evidence supplied by petitioner documents that he incurred past lost wages related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $3,198.80. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 a lump sum payment of $98,528.88, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Charles Wolle: $98,528.88 2 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 Case 1:24-vv-00880-UNJ Document 31 Filed 05/29/25 Page 5 of 5 Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON, JR. Assistant Director Torts Branch, Civil Division s/Sarah B. Rifkin SARAH B. RIFKIN Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-5997 Sarah.Rifkin@usdoj.gov DATED: March 22, 2025 3