HAMPTON v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1549V
DON ANDREW HAMPTON,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: September 30, 2025
Elizabeth Hess, Shannon Law Group, Woodridge, IL, for Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On October 1, 2024, Don Andrew Hampton 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 alleged that he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as the result of an influenza (“flu”) vaccination received on
February 1, 2023. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On July 17, 2025, a Ruling on Entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On September 30, 2025, Respondent filed a Proffer on award
of compensation (“Proffer”). Respondent represented that Petitioner agrees with the
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).
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proffered award. Id. at 1 – 2. 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, Petitioner is awarded a lump
sum of $40,534.27 (representing $40,000.00 for pain and suffering, and $534.27 for
past unreimbursable 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).
Proffer at 2.
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.
Case 1:24-vv-01549-UNJ Document 32 Filed 11/10/25 Page 2 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DON ANDREW HAMPTON,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
No. 24-1549V (ECF)
Chief Special Master Corcoran
PROFFER ON AWARD OF COMPENSATION1
On October 1, 2024, Don Andrew Hampton (“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”), as amended, alleging that he sustained a Shoulder Injury
Related to Vaccine Administration (“SIRVA”) following receipt of an influenza (“flu”)
vaccination administered on February 1, 2023. Petition at 1 (ECF No. 1). On July 9, 2025, the
Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) Report conceding
that petitioner’s claim meets the Table criteria for SIRVA. ECF No. 20. Accordingly, on July
17, 2025, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner is
entitled to vaccine compensation for SIRVA following the flu vaccine he received on February
1, 2023. ECF No. 21.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.
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I. 	Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following:
A. 	Pain and Suffering
Respondent proffers that petitioner should be awarded $40,000.00 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
$534.27 in past unreimbursable expenses. See 42 U.S.C. § 300aa-15(a)(1). Petitioner agrees.
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/Recommended Payment
The parties recommend that compensation provided to petitioner should be made through
one lump sum payment as described below and request that the Chief Special Master’s decision
and the Court’s judgment award the following:2
A lump sum payment of $40,534.27 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner, Don Andrew Hampton.
Petitioner is a competent adult. Proof of guardianship is not required in this case.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
2 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.
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C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Joseph Leavitt
JOSEPH LEAVITT
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) 616-0515
Dated: September 30, 2025 	E: joseph.leavitt@usdoj.gov
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