VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01029
Package ID: USCOURTS-cofc-1_16-vv-01029
Petitioner: Daniel McNeal
Filed: 2017-04-25
Decided: 2017-12-11
Vaccine: influenza
Vaccination date: 2015-11-03
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 154338

AI-assisted case summary:
Daniel McNeal filed a petition for compensation under the National Vaccine Injury Compensation Program on August 19, 2016, alleging he suffered a left shoulder injury as a result of receiving an influenza vaccine on November 3, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 25, 2017, conceding that Mr. McNeal's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA). The respondent also agreed that no other causes for the injury were identified and that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey found Mr. McNeal entitled to compensation in a ruling issued on April 25, 2017. Subsequently, on December 11, 2017, Chief Special Master Dorsey issued a decision awarding damages based on a stipulation. The respondent's Rule 4(c) report and proffer indicated that Mr. McNeal should be awarded $154,338.14, and the petitioner agreed with this proffered award. The decision awarded Mr. McNeal a lump sum payment of $154,338.14, payable by check to Daniel McNeal, representing compensation for all damages available under the Vaccine Act. Leah V. Durant represented the petitioner, and Robert P. Coleman, III represented the respondent. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Daniel McNeal alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 3, 2015. The respondent conceded that the alleged injury was consistent with SIRVA, that no other causes were identified, and that the six-month sequela requirement was met. The case proceeded to an award of compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 25, 2017, finding petitioner entitled to compensation based on the respondent's concession. A subsequent decision on December 11, 2017, awarded petitioner a lump sum of $154,338.14. The theory of causation relied on the "Table" for SIRVA, as the respondent conceded the elements necessary for compensation under this category. The public text does not name specific medical experts or detail the mechanism of injury beyond the general category of SIRVA. Petitioner was represented by Leah V. Durant, and respondent by Robert P. Coleman, III.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01029-0
Date issued/filed: 2017-12-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/25/2017) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01029-UNJ Document 32 Filed 12/08/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1029V
Filed: April 25, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DANIEL MCNEAL, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Offices, Washington, DC, for petitioner.
Robert P. Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 19, 2016, Daniel McNeal (“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 from a left
shoulder injury as a result of receiving an influenza (“flu”) vaccine on November 3, 2015.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 25, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent states “petitioner’s alleged injury is consistent with a
shoulder injury related to vaccine administration (‘SIRVA’).” Id. at 3. Respondent
further agrees that that no other causes for petitioner’s SIRVA were identified and that
the statutory six month sequela requirement has been satisfied. Id.
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. 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-01029-UNJ Document 32 Filed 12/08/17 Page 2 of 2
In view of respondent’s concession and the evidence before me, the
undersigned finds 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-01029-1
Date issued/filed: 2017-12-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/25/2017) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01029-UNJ Document 33 Filed 12/11/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1029V
Filed: April 25, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DANIEL MCNEAL, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Offices, Washington, DC, for petitioner.
Robert P. Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 19, 2016, Daniel McNeal (“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 from a left
shoulder injury as a result of receiving an influenza (“flu”) vaccine on November 3, 2015.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 25, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On April 25, 2017, respondent filed a Rule 4(c) report and
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$154,338.14. Rule 4/Proffer at 4. In the Rule 4/Proffer, respondent represented that
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-01029-UNJ Document 33 Filed 12/11/17 Page 2 of 2
petitioner agrees with the proffered award. Based on the record as a whole, the
undersigned finds that petitioner is entitled to an award as stated in the Rule 4/Proffer.
Pursuant to the terms stated in the attached Rule 4/Proffer, the undersigned
awards petitioner a lump sum payment of $154,338.14, in the form of a check
payable to petitioner, Daniel McNeal. 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