VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01202
Package ID: USCOURTS-cofc-1_18-vv-01202
Petitioner: Shannon Delehanty
Filed: 2018-08-14
Decided: 2019-12-05
Vaccine: influenza
Vaccination date: 2017-10-13
Condition: radial motor neuropathy
Outcome: compensated
Award amount USD: 76610

AI-assisted case summary:
Shannon Delehanty filed a petition for compensation under the National Vaccine Injury Compensation Program on August 14, 2018. She alleged that she received an influenza vaccine on October 13, 2017, and subsequently suffered radial motor neuropathy. The case was assigned to the Special Processing Unit. On October 2, 2019, the respondent filed a report conceding that the petitioner sustained a radial nerve injury caused by the flu vaccination she received on October 13, 2017. The respondent also agreed that no other causes for the petitioner's condition were identified and that the statutory six-month sequela requirement had been satisfied, meaning the petitioner met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 2, 2019, finding the petitioner entitled to compensation. Subsequently, on December 5, 2019, Chief Special Master Corcoran issued a decision awarding damages. The parties stipulated to an award of $76,610.69. This amount comprised $75,000.00 for pain and suffering and $1,610.69 for unreimbursable expenses. The award was to be paid as a lump sum check payable to Shannon Delehanty. Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante, PLLC, and respondent was represented by Daniel Anthony Principato of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received by the petitioner.

Theory of causation field:
Petitioner Shannon Delehanty alleged that an influenza vaccine received on October 13, 2017, caused radial motor neuropathy. The respondent conceded that petitioner sustained a radial nerve injury caused-in-fact by the flu vaccination, with no other causes identified. The respondent also agreed that the statutory six-month sequela requirement was met. This off-Table theory led to an entitlement ruling on October 2, 2019, by Chief Special Master Brian H. Corcoran. A subsequent decision on December 5, 2019, awarded petitioner $76,610.69, consisting of $75,000.00 for pain and suffering and $1,610.69 for unreimbursable expenses, based on a stipulation between petitioner (Andrew Donald Downing, Van Cott & Talamante, PLLC) and respondent (Daniel Anthony Principato, U.S. Department of Justice).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-01202-0
Date issued/filed: 2019-11-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/02/2019) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01202-UNJ Document 39 Filed 11/18/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1202V
Filed: October 2, 2019
UNPUBLISHED
SHANNON DELEHANTY,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Causation-In-Fact; Influenza (Flu)
SECRETARY OF HEALTH AND Vaccine; Radial Nerve injury
HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Corcoran, Chief Special Master:
On August 14, 2018, Shannon Delehanty (“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 she received an
influenza (“flu”) vaccine on October 13, 2017, and thereafter suffered radial motor
neuropathy caused by the vaccination. Petition at 1-3. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
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. 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-01202-UNJ Document 39 Filed 11/18/19 Page 2 of 2
On October 2, 2019, respondent filed a combined Rule 4(c) report and Proffer
(“Rule 4/Proffer”) in which he concedes that petitioner is entitled to compensation in this
case. Rule 4(c)/Proffer at 1. Specifically, respondent states that medical personal at
DICP have reviewed the petition and medical records in this case, as well as the
relevant medical literature regarding petitioner’s alleged injury. Based on that review,
“DICP opines that petitioner has a radial nerve injury. DICP further agrees that
petitioner’s radial nerve injury was caused-in-fact by the flu vaccination she received on
October 14, 2017. No other causes for petitioner’s condition were identified.” Id. at 3-4.
Respondent further agrees that the statutory six month sequela requirement has been
satisfied and as such, petitioner has satisfied all legal prerequisites for compensation
under the Act. 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/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-01202-1
Date issued/filed: 2019-12-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/02/2019) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01202-UNJ Document 42 Filed 12/05/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1202V
Filed: October 2, 2019
UNPUBLISHED
SHANNON DELEHANTY,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Radial Nerve
SECRETARY OF HEALTH AND
Injury
HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Corcoran, Chief Special Master:
On August 14, 2018, Shannon Delehanty (“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 she received an
influenza (“flu”) vaccine on October 13, 2017, and thereafter suffered radial motor
neuropathy caused by the vaccination. Petition at 1-3. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On October 2, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation. On October 2, 2019, respondent filed a combined Rule 4(c) report
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).

Case 1:18-vv-01202-UNJ Document 42 Filed 12/05/19 Page 2 of 2
and proffer on award of compensation (“Rule 4/Proffer”) indicating petitioner should be
awarded $76,610.69 ($75,000.00 in pain and suffering and $1,610.69 in unreimbursable
expenses). Rule 4/Proffer at 4. In the Rule 4/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 Rule 4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, the undersigned awards
petitioner a lump sum payment of $76,610.69, ($75,000.00 in pain and suffering
and $1,610.69 in unreimbursable expenses) in the form of a check payable to
petitioner, Shannon Delehanty. 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/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