Coleman v. Secretary of Health and Human Services
16-610
| Fed. Cl. | Jan 31, 2017Background
- Petitioner John Coleman filed a Vaccine Program petition alleging a left shoulder injury (SIRVA) after a pneumococcal conjugate vaccine on Feb. 19, 2015.
- Respondent filed a Rule 4(c) Report conceding the claim is compensable under the Vaccine Act and that the injury is consistent with SIRVA.
- Respondent noted no alternative causes identified and that the statutory six‑month sequela requirement was met.
- Respondent submitted a proffer proposing a lump sum damages award of $55,000 to Petitioner.
- Special Master Brian H. Corcoran reviewed the record, found the proffer reasonable, and adopted it as the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement: Was petitioner entitled to compensation for SIRVA caused by vaccination? | Coleman: vaccine caused his left shoulder injury and legal prerequisites are met. | HHS: concedes injury is SIRVA and meets statutory requirements. | Entitlement awarded; Respondent conceded causation and prerequisites satisfied. |
| Damages: Is the proposed $55,000 lump‑sum award reasonable? | Coleman accepts compensation for available Program damages. | HHS proffers $55,000 as full compensation under §15(a). | Proffer accepted; Special Master awarded $55,000 as full damages. |
Key Cases Cited
(There are no opinion citations with official reporter references in this decision.)