VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00477
Package ID: USCOURTS-cofc-1_18-vv-00477
Petitioner: David McKairnes
Filed: 2018-04-02
Decided: 2019-10-28
Vaccine: influenza
Vaccination date: 2015-11-18
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 92500

AI-assisted case summary:
David McKairnes filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a right shoulder injury related to vaccine administration (SIRVA) due to an influenza vaccine he received on November 18, 2015. The respondent conceded that petitioner was entitled to compensation, concluding that he suffered SIRVA as defined by the Vaccine Injury Table. The respondent noted that petitioner had no recent history of shoulder issues, the pain onset occurred within 48 hours after the vaccination, the pain was limited to the injection site, and no other condition explained the symptoms. The respondent further agreed that petitioner suffered residual effects for more than six months, satisfying the legal prerequisites for compensation. A ruling on entitlement was issued on May 6, 2019, finding petitioner entitled to compensation. Subsequently, on September 17, 2019, the respondent filed a proffer on award of compensation, indicating that petitioner should be awarded $92,500.00 for his past and future pain and suffering. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding petitioner a lump sum payment of $92,500.00 for his past and future pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00477-0
Date issued/filed: 2019-08-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/06/2019) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00477-UNJ Document 38 Filed 08/14/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0477V
Filed: May 6, 2019
UNPUBLISHED
DAVID MCKAIRNES,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, Administration (SIRVA)
Respondent.
David Alexander Tierney, Rawls Law Group, Richmond, VA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 2, 2018, David McKairnes (“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 right shoulder injury
related to vaccine administration (“SIRVA”) due to an influenza (“flu”) vaccine he
received on November 18, 2015. Petition at Preamble. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On May 6, 2019, 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 “concluded that petitioner suffered SIRVA of the right shoulder
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such material from
public access. Because this unpublished ruling contains a reasoned explanation for the action in this
case, undersigned is required 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).
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
1

Case 1:18-vv-00477-UNJ Document 38 Filed 08/14/19 Page 2 of 2
as defined by the Vaccine Injury Table. Specifically, petitioner had no recent history of
pain, inflammation, or dysfunction of his right shoulder; the onset of pain occurred within
48 hours after receipt of an intramuscular vaccination; the pain was limited to the
shoulder where the vaccine was administered; and, no other condition or abnormality,
such as brachial neuritis, has been identified to explain petitioner’s right shoulder
symptoms.” Id. at 4-5. Respondent further agrees that petitioner suffered the residual
effects of his condition for more than six months and therefore, has satisfied all legal
prerequisites for compensation under the Act. Id. at 5.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00477-1
Date issued/filed: 2019-10-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/17/2019) regarding 43 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0477V
Filed: September 17, 2019
UNPUBLISHED
DAVID MCKAIRNES,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH
Injury Related to Vaccine
AND HUMAN SERVICES,
Administration (SIRVA)
Respondent.
David Alexander Tierney, Rawls Law Group, Richmond, VA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 2, 2018, David McKairnes (“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 right shoulder injury
related to vaccine administration (“SIRVA”) due to an influenza (“flu”) vaccine he
received on November 18, 2015. Petition at Preamble. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On May 6, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On September 17, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $92,500.00 for his past
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
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, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such
material from public access. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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).

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and future pain and suffering. Proffer at 1. In the Proffer, respondent represented that
petitioner agrees with the proffered award. Id. 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 $92,500.00 (for his past and future pain and
suffering) in the form of a check payable to petitioner, David McKairnes. This
amount represents compensation for all damages that would be available under § 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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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DAVID MCKAIRNES,
Petitioner,
v. No. 18-477V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 2, 2018, David McKairnes (“petitioner”) filed a petition for vaccine injury
compensation alleging that he suffered a right shoulder injury related to vaccine administration
(“SIRVA”), a Table injury, following receipt of an influenza (“flu”) vaccination administered on
November 18, 2015. Respondent filed his Rule 4(c) Report conceding entitlement to
compensation on May 6, 2019. The Chief Special Master issued a Ruling on Entitlement that
same day.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$92,500.00 for his past and future pain and suffering. This represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner
agrees.
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 damages.
1

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II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $92,500.00 in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
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/Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4099
DATED: September 17, 2019
2 Petitioner is a competent adult. Proof of guardianship is not required in this case.
2