VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00207
Package ID: USCOURTS-cofc-1_16-vv-00207
Petitioner: Daniel Mulvihill
Filed: 2016-02-10
Decided: 2017-04-25
Vaccine: influenza
Vaccination date: 2014-11-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 225775

AI-assisted case summary:
Daniel Mulvihill filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccination he received on November 26, 2014. He further alleged that he experienced the residual effects of his injury for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Mulvihill was entitled to compensation. The respondent believed the alleged injury was consistent with SIRVA and that Mr. Mulvihill met the statutory requirements for compensation. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Mr. Mulvihill eligible for compensation. Subsequently, the parties filed a joint stipulation agreeing that Mr. Mulvihill should be awarded $225,775.97. The court issued a decision awarding this lump sum payment to Mr. Mulvihill, representing compensation for all damages available under the Act.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00207-0
Date issued/filed: 2016-07-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/06/2016) regarding 20 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00207-UNJ Document 22 Filed 07/13/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-207V
Filed: June 6, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DANIEL MULVIHILL, *
*
v. *
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 10, 2016, Daniel Mulvihill (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act” or “Program”). Petitioner alleges that he
suffered a shoulder injury related to vaccine administration (“SIRVA”) caused-in-fact by
the influenza vaccination he received on November 26, 2014. Petition at 1, ¶ 17.
Petitioner further alleges that he has suffered the residual effects of his injury for more
than six months, and that no lawsuit has been filed or settlement accepted by himself or
anyone else for his injuries. Id. at ¶¶ 16, 18. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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).

Case 1:16-vv-00207-UNJ Document 22 Filed 07/13/16 Page 2 of 2
On June 6, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent “believes that the alleged injury is consistent with a
shoulder injury related to vaccine administration (“SIRVA”).” Id. at 4. Respondent
further indicates that “petitioner met the statutory requirements by suffering the sequela
of his injury for more than six months . . . [and] [t]herefore, based on the record as it
now stands, petitioner has satisfied all legal prerequisites for compensation under the
Act.” Id. at 4 (citations omitted).
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00207-1
Date issued/filed: 2017-04-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/16/2016) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00207-UNJ Document 41 Filed 04/25/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0207V
Filed: December 16, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DANIEL MULVIHILL, *
*
Petitioner, * Damages Decision Based on
v. * Stipulation; Influenza Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 10, 2016, Daniel Mulvihill (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act” or “Program”). Petitioner alleged that he
suffered a shoulder injury related to vaccine administration (“SIRVA”) caused-in-fact by
the influenza vaccination he received on November 26, 2014. Petition at 1, ¶ 17. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 6, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation for his shoulder injury. On December 16, 2016, respondent filed a joint
stipulation by the parties stipulating that petitioner should be awarded $225,775.97.
Stipulation at ¶ 9. Based on the record as a whole, the undersigned finds that petitioner
is entitled to an award as stated in the stipulation.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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).

Case 1:16-vv-00207-UNJ Document 41 Filed 04/25/17 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards petitioner a lump sum payment of $225,775.97 in the form of a check
payable to petitioner, Daniel Mulvihill. This amount represents compensation for all
damages that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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

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