Judges: Brian H. Corcoran
Filed: Sep. 24, 2020
Latest Update: Sep. 24, 2020
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0754V UNPUBLISHED RODERICK SANDERS, Chief Special Master Corcoran Petitioner, Filed: August 25, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Respondent. Injury Related to Vaccine Administration (SIRVA) Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for petitio
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0754V UNPUBLISHED RODERICK SANDERS, Chief Special Master Corcoran Petitioner, Filed: August 25, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Respondent. Injury Related to Vaccine Administration (SIRVA) Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for petition..
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In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0754V
UNPUBLISHED
RODERICK SANDERS, Chief Special Master Corcoran
Petitioner, Filed: August 25, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On May 29, 2018, Roderick Sanders 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”) as a result of Tetanus Diphtheria acellular Pertussis (“Tdap”)
vaccine he received on December 21, 2016. Petition at 1-2. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On May 3, 2019, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 24, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $108,212.43
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).
(comprised of $87,500.00 for pain and suffering, $718.20 for past unreimbursable
expenses, and $19,994.23 for future medical care expenses). 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $108,212.43 (comprised of $87,500.00 for pain and suffering,
$718.20 for past unreimbursable expenses, and $19,994.23 for future medical care
expenses) in the form of a check payable to Petitioner. This amount represents
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.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RODERICK SANDERS, )
)
Petitioner, )
) No. 18-754V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 29, 2018, Roderick Sanders (“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 (“Table”), following
administration of a Tetanus Diphtheria acellular Pertussis (“Tdap”) vaccine he received on
December 21, 2016. Petition at 1-2. However, on April 19, 2019, the Secretary of Health and
Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case was appropriate
for compensation under the terms of the Act for a brachial neuritis Table injury, and on May 3,
2019, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 26; ECF No. 27.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $87,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
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 $718.20. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Future Medical Care Expenses
Evidence supplied by petitioner documents that he will incur future medical care
expenses related to his vaccine-related injury. Respondent proffers that petitioner should be
awarded future medical care expenses in the amount of $19,994.23. See 42 U.S.C. § 300aa-
15(a)(1)(A).
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 1: a lump sum payment of $108,212.43, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Roderick Sanders: $108,212.43
1
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
Respectfully submitted,
ETHAN P. DAVIS
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
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) 616-3644
DATED: August 24, 2020
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