VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01259
Package ID: USCOURTS-cofc-1_17-vv-01259
Petitioner: Michael O’connor
Filed: 2017-09-15
Decided: 2018-10-17
Vaccine: influenza
Vaccination date: 2015-09-17
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 173083

AI-assisted case summary:
Michael O’Connor received an influenza vaccination on September 17, 2015, and subsequently suffered left shoulder injuries. The respondent conceded that Mr. O’Connor's claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA), noting he had no prior shoulder issues, experienced onset of pain within 48 hours of vaccination, and the pain and reduced range of motion were limited to the vaccinated shoulder. The petition was timely filed, the vaccine was administered in the United States, and the residual effects lasted over six months. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, the parties stipulated to an award of $173,083.48, comprising $172,500.00 for pain and suffering and $583.48 for past unreimbursable medical expenses. This award was made as a lump sum payment to Michael O’Connor.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01259-0
Date issued/filed: 2018-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/12/2018) regarding 28 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01259-UNJ Document 37 Filed 09/19/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1259V
Filed: June 12, 2018
UNPUBLISHED
MICHAEL O’CONNOR,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Jason Barton Eshelman, Eshelman Legal Group, Cuyahoga Falls, OH, for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 15, 2017, 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 that he suffered left shoulder injuries due to an
influenza vaccination received on September 17, 2015. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 11, 2018, 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 that petitioner’s claim meets the Table criteria for a
shoulder injury related to vaccine administration (“SIRVA”) in that petitioner had no
history of pain, inflammation, or dysfunction in the affected shoulder, suffered the onset
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 1:17-vv-01259-UNJ Document 37 Filed 09/19/18 Page 2 of 2
of pain within 48 hours of vaccine administration, and his pain and reduced range of
motion were limited to the shoulder in which the intramuscular vaccine was
administered. Id. at 5. Respondent further agrees that the petition was timely filed, the
vaccine was received in the United States, and that petitioner suffered the residual
effects or complications of his injury for more than six months after vaccine
administration. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01259-1
Date issued/filed: 2018-10-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/30/2018) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01259-UNJ Document 42 Filed 10/17/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1259V
Filed: July 30, 2018
UNPUBLISHED
MICHAEL O’CONNOR,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jason Barton Eshelman, Eshelman Legal Group, Cuyahoga Falls, OH, for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 15, 2017, 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 that he suffered left shoulder injuries due to an
influenza vaccination received on September 17, 2015. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 12, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for his shoulder injuries. On July 30, 2018, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$173,083.48 (including $172,500.00 for pain and suffering plus $583.48 for past
unreimbursable medical expenses). Proffer at 1. In the Proffer, respondent
represented that petitioner agrees with the proffered award. Based on the record as a
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 1:17-vv-01259-UNJ Document 42 Filed 10/17/18 Page 2 of 4
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 $173,083.48 (representing $172,500.00 for pain
and suffering plus $583.48 for past unreimbursable medical expenses) in the form of a
check payable to petitioner, Michael O’Connor. 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 1:17-vv-01259-UNJ Document 42 Filed 10/17/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
MICHAEL O’CONNOR, )
)
Petitioner, )
) No. 17-1259V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation
For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s
Rule 4(c) Report, filed on June 11, 2018, conceding entitlement in this case. Based upon the
evidence of record, respondent proffers that petitioner should be awarded $173,083.48, including
$172,500.00 for pain and suffering, plus $583.48 for past unreimbursable medical expenses.1
The total sum of $173,083.48 represents all elements of compensation to which petitioner would
be entitled under 42 U.S.C. § 300aa-15(a) for his vaccine-related injury. Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation should be made through a lump sum
payment of $173,083.48 in the form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
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 pain and
suffering.

Case 1:17-vv-01259-UNJ Document 42 Filed 10/17/18 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ Ann D. Martin
ANN D. MARTIN
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Ann.Martin@usdoj.gov; (202) 307-1815
DATED: July 30, 2018
2