Coleman v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-865V

STEPHEN COLEMAN, Chief Special Master Corcoran

Petitioner, Filed: April 14, 2026 v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.

Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On May 21, 2025, Stephen Coleman 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 the administration of an influenza vaccine on December 8, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 13, 2026, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On April 13, 2026, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $105,000.00 for pain and suffering and $1,890.29 for unreimbursed expenses. Proffer at 2. 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). 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 $106,890.29 (representing $105,000.00 for pain and suffering and $1,890.29 for unreimbursed expenses) 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 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

STEPHEN COLEMAN,

Petitioner, Case No. 25-865V (ECF) v. CHIEF SPECIAL MASTER CORCORAN SECRETARY OF HEALTH AND HUMAN SERVICES,

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Procedural History

On May 21, 2025, Stephen Coleman (“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 Table shoulder

injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”)

vaccination received on December 8, 2023. Pet. at 1.

On January 12, 2026, respondent filed his Rule 4(c) Report, conceding entitlement

in this case because petitioner met the criteria to establish a presumptive Table SIRVA

injury. ECF Doc. No. 19 at 1, 5-7. On January 13, 2026, the Court issued its Ruling on

Entitlement, finding that petitioner was entitled to compensation. ECF Doc. No. 20. II. Items of Compensation and Form of the Award

Based upon the evidence of record, respondent proffers that petitioner should be

awarded $106,890.29. The award is comprised of the following: $105,000.00 for pain

and suffering and $1,890.29 for unreimbursed out-of-pocket medical expenses. This

amount represents all elements of compensation to which petitioner would be entitled

under 42 U.S.C. § 300aa-15(a) regarding his December 8, 2023 flu vaccination.

Petitioner agrees. 1

III. Form of the Award

The parties recommend that compensation provided to petitioner should be made

through a lump-sum payment of $106,890.29, to be paid through an ACH deposit to

petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Petitioner

agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this

case.

Respectfully submitted,

BRETT A. SHUMATE Assistant Attorney General

JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division

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 medical expenses, future lost earnings, and future pain and suffering. 2 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

VORIS E. JOHNSON, JR. Assistant Director Torts Branch, Civil Division

s/ Mark K. Hellie MARK K. HELLIE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 T: (202) 616-4208 E: mark.hellie@usdoj.gov DATED: April 13, 2026

CERTIFICATE OF SERVICE

I certify that today, April 13, 2026, a copy of the foregoing pleading was served by

electronic mail to petitioner’s counsel, Leah Durant, at ldurant@durantllc.com.

s/ Mark K. Hellie MARK K. HELLIE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 T: (202) 616-4208 E: mark.hellie@usdoj.gov DATED: April 13, 2026