VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00809
Package ID: USCOURTS-cofc-1_18-vv-00809
Petitioner: George Segal
Filed: 2018-06-07
Decided: 2022-08-16
Vaccine: Tdap
Vaccination date: 2015-06-10
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 65135

AI-assisted case summary:
George Segal filed a petition for compensation under the National Vaccine Injury Compensation Program on June 7, 2018, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus, diphtheria and acellular pertussis (Tdap) vaccination administered on June 10, 2015. The case was assigned to the Special Processing Unit. On July 21, 2020, Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 21, 2020, finding Mr. Segal entitled to compensation. On July 6, 2022, Respondent filed a proffer on award of compensation, proposing a lump sum payment of $65,000.00 for pain and suffering and $135.04 to satisfy an Ohio Medicaid lien. Mr. Segal, a competent adult, agreed with the proffered award. Chief Special Master Corcoran issued a decision on August 16, 2022, awarding Mr. Segal a total of $65,135.04, consisting of $65,000.00 payable to him and $135.04 payable jointly to him and the Treasurer, State of Ohio, for the Medicaid lien. Petitioner was represented by Braden Andrew Blumenstiel of The Law Office of DuPont & Blumenstiel, and Respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Mr. Segal.

Theory of causation field:
George Segal filed a petition on June 7, 2018, alleging a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on June 10, 2015. Respondent conceded entitlement, agreeing that the injury was consistent with SIRVA as defined on the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 21, 2020. A subsequent decision on August 16, 2022, awarded Petitioner $65,135.04, comprising $65,000.00 for pain and suffering and $135.04 to satisfy an Ohio Medicaid lien. Petitioner was represented by Braden Andrew Blumenstiel, and Respondent was represented by Sarah Christina Duncan. The specific mechanism of injury, expert testimony, or detailed medical evidence supporting the SIRVA diagnosis are not described in the provided public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00809-0
Date issued/filed: 2020-08-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/21/2020) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-00809-UNJ Document 38 Filed 08/25/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0809V
UNPUBLISHED
GEORGE SEGAL, Chief Special Master Corcoran
Petitioner, Filed: July 21, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA)
Braden Andrew Blumenstiel, The Law Office of DuPont & Blumenstiel, Dublin, OH, for
petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On June 7, 2018, George Segal 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 a tetanus, diphtheria and acellular pertussis
(“Tdap”) vaccination administered on June 10, 2015. Petition at 1. 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, I am
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). 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, I agree that the identified material fits within this definition, I 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 1:18-vv-00809-UNJ Document 38 Filed 08/25/20 Page 2 of 2
On July 21, 2020, 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 concludes that “[P]etitioner’s alleged injury is consistent
with a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as defined on the
Vaccine Injury Table.” Id. at 6. Respondent further agrees that Petitioner suffered the
residual effects of his condition for more than six months. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00809-1
Date issued/filed: 2022-08-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/07/2022 ) regarding 48 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:18-vv-00809-UNJ Document 52 Filed 08/16/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0809V
UNPUBLISHED
GEORGE SEGAL, Chief Special Master Corcoran
Petitioner, Filed: July 7, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Braden Andrew Blumenstiel, The Law Office of DuPont & Blumenstiel, Dublin, OH, for
Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 7, 2018, George Segal 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 a tetanus, diphtheria and acellular pertussis
(“Tdap”) vaccination administered on June 10, 2015. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On July 21, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On July 6, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded (a): a lump sum
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:18-vv-00809-UNJ Document 52 Filed 08/16/22 Page 2 of 5
payment of $65,000.00, representing compensation for pain and suffering; and (b) a lump
sum payment of $135.04, representing compensation for satisfaction of an Ohio Medicaid
lien. Proffer at 1-3. Respondent represented that Petitioner agrees with the proffered
award. Id. at 1-2. Based on the record as a whole, I find that Petitioner is entitled to an
award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner:
A. A lump sum payment of $65,000.00, representing compensation for pain and
suffering in the form of a check payable to Petitioner; and
B. A lump sum payment of $135.04, representing compensation for satisfaction
of an Ohio Medicaid lien, payable jointly to Petitioner and
Treasurer, State of Ohio
Ohio Tort Recovery Unit
5475 Rings Road, Suite 200
Dublin, OH 43017
ODM Case No.: 1133700
Petitioner agrees to endorse and mail this payment to the Ohio Tort Recovery Unit.
These amounts represent compensation for all damages that would be available under
Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
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 1:18-vv-00809-UNJ Document 52 Filed 08/16/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
GEORGE SEGAL )
)
Petitioner, )
) No. 18-809V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 7, 2018, George Segal (“petitioner”) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or
“Act”), alleging that he suffered left shoulder pain as a result of a tetanus, diphtheria, and
acellular pertussis (“Tdap”) vaccine1 he received on June 10, 2015. Petition at 1.
On July 21, 2021, the Secretary of Health and Human Services (“respondent”) filed a
Rule 4(c) Report recommending that compensation be awarded for SIRVA, and the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation the
same day. ECF No. 33; ECF No. 34.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $65,000.00 in actual pain and
suffering. Petitioner agrees.
1 Although petitioner alleged that he received a Tdap vaccination, medical records indicate that
he received a tetanus and diphtheria vaccination. Exhibit (“Ex.”) 10 at 8.

Case 1:18-vv-00809-UNJ Document 52 Filed 08/16/22 Page 4 of 5
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy an Ohio Medicaid
lien in the amount of $135.04, through:
Treasurer, State of Ohio
Ohio Tort Recovery Unit
5475 Rings Road, Suite 200
Dublin, OH 43017
ODM Case No.: 1133700
This sum represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause
of action the Ohio Department of Medicaid (“ODM”) may have against any individual as a result
of any Medicaid payments the ODM has made to or on behalf of George Segal from the date of
his eligibility for benefits through the date of June 10, 2015, under Title XIX of the Social
Security Act.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following2:
2 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.
2

Case 1:18-vv-00809-UNJ Document 52 Filed 08/16/22 Page 5 of 5
A. A lump sum payment of $65,000.00, representing compensation for pain and
suffering, in the form of a check payable to petitioner, George Segal; and
B. A lump sum payment of $135.04, representing compensation for satisfaction of an
Ohio Medicaid lien, payable jointly to petitioner and Treasurer, State of Ohio.
Petitioner agrees to endorse and mail this payment to the Ohio Tort Recovery Unit.
III. Summary of Recommended Payments Following Judgment
A. Lump sum payable to petitioner, George Segal: $65,000.00
B. Medicaid lien payable jointly to petitioner and
Treasurer, State of Ohio: $135.04
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
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) 514-9729
Email: sarah.c.duncan@usdoj.gov
DATED: July 6, 2022
3