Judges: Brian H. Corcoran
Filed: Jul. 14, 2020
Latest Update: Jul. 14, 2020
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1152V UNPUBLISHED ROBERT JAMISON, Chief Special Master Corcoran Petitioner, Filed: June 12, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Scott William Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for Petitioner. Althea Walker Davis, U.S. Department of J
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1152V UNPUBLISHED ROBERT JAMISON, Chief Special Master Corcoran Petitioner, Filed: June 12, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Scott William Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for Petitioner. Althea Walker Davis, U.S. Department of Ju..
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In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1152V
UNPUBLISHED
ROBERT JAMISON, Chief Special Master Corcoran
Petitioner, Filed: June 12, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Scott William Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for Petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 8, 2018, Robert Jamison 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 his receipt of an influenza (“flu”) vaccine on
March 3, 2016, caused him to suffer a left-sided Shoulder Injury Related to Vaccine
Administration (“SIRVA”). Petition at 2. Petitioner further alleges that he suffered the
sequela of this injury for more than six months. Petition at 2. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On April 7, 2020, a ruling on entitlement was issued finding Petitioner entitled to
compensation for SIRVA. On June 12, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $30,000.00 for his
pain and suffering and $1,515.92 to satisfy a State of Michigan Medicaid Lien. Proffer
1
Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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).
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner the
following:
A. A lump sum payment of $30,000.00 (for pain and suffering) in the form of a
check payable to Petitioner; and
B. A lump sum payment of $1,515.92, representing compensation for
satisfaction of the State of Michigan Medicaid lien, payable jointly to
Petitioner and to:
Equian
P.O. Box 32100
Louisville, KY 40232
Re: Robert Jamison - #31006348
Attention: Christopher Saunders
Petitioner agrees to endorse this payment to Equian.
These amounts represent compensation for all damages that would be available
under § 15(a). The clerk of the 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
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ROBERT JAMISON, )
)
Petitioner, ) No. 18-1152V
) Chief Special Master
v. ) Brian H. Corcoran
) SPU
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 8, 2018, Robert Jamison (“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”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine on March 3, 2016. Petition at 1-2. On April 7, 2020, the Secretary of Health and
Human Services (“respondent”) filed an Amended Vaccine Rule 4(c) Report advising that, in
light of Chief Special Master Corcoran’s Findings of Fact ruling that the onset of petitioner’s left
arm pain occurred within 48 hours of vaccination, and the medical evidence submitted in this
case, respondent did not dispute that petitioner had satisfied all legal prerequisites for
compensation under the Vaccine Act. Amended Rule 4(c) Report at 5 (ECF #35). That same
day, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was
entitled to vaccine compensation for his shoulder injury related to vaccine administration
(“SIRVA”). See Ruling on Entitlement (ECF #36).
I. Items of Compensation
A. Pain and Suffering
Based on the evidence of record, respondent proffers that petitioner should be awarded
$30,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Medicaid Lien
Respondent further proffers that petitioner, Robert Jamison, should be awarded funds to
satisfy, in full, the State of Michigan Medicaid lien in the amount of $1,515.92, which represents
satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of
Michigan may have against any individual as a result of any Medicaid payments the State of
Michigan has made to or on behalf of Robert Jamison from the date of his eligibility for benefits
through the date of judgment in this case as a result of his vaccine-related injury, under Title XIX
of the Social Security Act.
These amounts represent all elements of compensation to which petitioner would be
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
two lump sum payments as described below, and requests that the Chief Special Master’s
damages decision and the Court’s judgment award the following: 1
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.
(A) Petitioner’s Damages
A lump sum payment of $30,000.00 for pain and suffering in the form of a check
payable to petitioner;
(B) Medicaid Lien
A lump sum payment of $1,515.92, representing compensation for satisfaction of
the State of Michigan Medicaid lien, payable jointly to petitioner and to:
Equian
P.O. Box 32100
Louisville, KY 40232
Re: Robert Jamison - #31006348
Attention: Christopher Saunders
Petitioner agrees to endorse this payment to Equian.
III. Summary of Recommended Payments
a. Lump sum payment to petitioner, Robert Jamison: $30,000.00
b. Lump sum payment payable jointly to petitioner $ 1,515.92
and Equian in satisfaction of the State of Michigan
Medicaid Lien
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Althea Walker Davis
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
DATED: June 12, 2020
