VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01025
Package ID: USCOURTS-cofc-1_16-vv-01025
Petitioner: Mark P. Calnan
Filed: 2017-04-07
Decided: 2017-12-06
Vaccine: Tdap
Vaccination date: 2015-09-01
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 128369

AI-assisted case summary:
Mark P. Calnan filed a petition for compensation under the National Vaccine Injury Compensation Program on August 18, 2016, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his Tetanus-diphtheria-acellular pertussis (Tdap) vaccination on September 1, 2015. The case was assigned to the Special Processing Unit. On November 18, 2016, a ruling on entitlement found Mr. Calnan entitled to compensation for SIRVA. On April 7, 2017, the respondent filed a proffer on award of compensation, stating that Mr. Calnan should be awarded $128,369.43 and that Mr. Calnan agreed with this amount. Chief Special Master Nora Beth Dorsey reviewed the record and found that Mr. Calnan was entitled to an award as stated in the proffer. Pursuant to the terms of the proffer, Chief Special Master Dorsey awarded Mr. Calnan a lump sum payment of $128,369.43, representing compensation for all damages available under the Vaccine Act. The decision noted that the case proceeded as a Table claim and the parties stipulated to the award amount. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Mallori Browne Openchowski. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury for SIRVA is not detailed in this decision.

Theory of causation field:
Petitioner Mark P. Calnan alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on September 1, 2015. The case proceeded as a Table claim. A ruling on entitlement issued on November 18, 2016, found petitioner entitled to compensation for SIRVA. Respondent filed a proffer on award of compensation on April 7, 2017, proposing an award of $128,369.43, which petitioner accepted. Chief Special Master Nora Beth Dorsey issued a decision on December 6, 2017, awarding the stipulated lump sum of $128,369.43 to petitioner. The public decision does not detail the specific medical experts, clinical findings, or the precise mechanism of injury beyond it being a SIRVA claim under the Vaccine Act's Table. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Mallori Browne Openchowski.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01025-0
Date issued/filed: 2017-12-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/07/2017) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01025-UNJ Document 33 Filed 12/06/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1025V
Filed: April 7, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARK P. CALNAN, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Tetanus diphtheria acellular pertussis;
* Tdap; Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 18, 2016, 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”). Petitioner alleges that he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of his September 1, 2015 Tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccination. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On November 18, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On April 7, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $128,369.43.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
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-01025-UNJ Document 33 Filed 12/06/17 Page 2 of 4
proffered award. Based on the record as a whole, the undersigned finds that petitioner
is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $128,369.43 in the form of a check payable to
petitioner, Mark P. Calnan. 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

Case 1:16-vv-01025-UNJ Document 33 Filed 12/06/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MARK P. CALNAN,
)
)
Petitioner,
) No. 16-1025V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On November 18, 2016, Chief Special Master Dorsey issued a Ruling on Entitlement
finding that petitioner was entitled to vaccine compensation for his Shoulder Injury Related to
Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that
petitioner should be awarded $128,369.43. This amount represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $128,369.43, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 lost earnings
and future pain and suffering.

Case 1:16-vv-01025-UNJ Document 33 Filed 12/06/17 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
s/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
DATED: April 7, 2017