Regan v. Secretary of Health and Human Services
This text of Regan v. Secretary of Health and Human Services (Regan v. Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0851V
SEAN PATRICK REGAN, Chief Special Master Corcoran
Petitioner, v. Filed: June 28, 2024
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Julianna Kober, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On June 8, 2023, Sean Patrick Regan 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 the result of an influenza (“flu”) vaccine which he received on September 26, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 27, 2024, Respondent filed a combined Rule 4(c) Report and Proffer in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report and Proffer at 1, 4. On June 28, 2024, I issued a Ruling on Entitlement.
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 represents that Petitioner agrees to his proffer on an award of compensation. Respondent’s Rule 4(c) Report and Proffer at 5. 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 combined Rule 4(c) Report and Proffer,3 I award the following compensation:
A lump sum of $42,000.00 (for pain and suffering) in the form of a check payable to Petitioner. Respondent’s Rule 4(c) Report and Proffer at 5. This amount represents compensation for all damages that would be available under Section 15(a). Id.
The Clerk of Court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master
3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal
medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto. 4 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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