VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01808
Package ID: USCOURTS-cofc-1_18-vv-01808
Petitioner: Donald Orr
Filed: 2019-01-08
Decided: 2020-04-14
Vaccine: Tdap
Vaccination date: 2016-10-31
Condition: left shoulder injury related to the administration of his October 31, 2016 vaccination
Outcome: compensated
Award amount USD: 50253

AI-assisted case summary:
Donald Orr filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2020, alleging a left shoulder injury related to a Tdap vaccine he received on October 31, 2016. The case was assigned to the Special Processing Unit. Respondent conceded that Mr. Orr was entitled to compensation, stating that his injury met the criteria for a Table injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA). The criteria included no prior history of shoulder issues, onset of pain and reduced range of motion within 48 hours of vaccination, symptoms limited to the vaccinated shoulder, and no other identified condition explaining the symptoms. A ruling on entitlement was issued on January 8, 2020, finding Mr. Orr entitled to compensation. Subsequently, on March 11, 2020, Respondent filed a proffer agreeing to an award of $50,252.85, comprising $50,000.00 for pain and suffering and $252.85 for past unreimbursable medical expenses. Mr. Orr, identified as a competent adult, agreed with this proffered award. The decision on April 14, 2020, awarded Mr. Orr the stipulated lump sum of $50,252.85.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01808-0
Date issued/filed: 2020-02-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/08/2020) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01808-UNJ Document 31 Filed 02/13/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1808V
UNPUBLISHED
DONALD ORR, Chief Special Master Corcoran
Petitioner, Filed: January 8, 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)
Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 28, 2018, Donald Orr 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 left shoulder injury related to the
administration of his October 31, 2016 vaccination. Petition at 1, 4. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On January 7, 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 states that it is his position that “petitioner has satisfied
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-01808-UNJ Document 31 Filed 02/13/20 Page 2 of 2
the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids
to Interpretation (QAI): petitioner had no history of pain, inflammation, or dysfunction in
his left shoulder; his pain and reduced range of motion occurred within 48 hours of
receipt of an intramuscular vaccination; his symptoms were limited to the shoulder in
which the vaccine was administered; and no other condition or abnormality was
identified to explain his symptoms.” Id. at 5
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-01808-1
Date issued/filed: 2020-04-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/12/2020) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01808-UNJ Document 38 Filed 04/14/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1808V
UNPUBLISHED
DONALD ORR, Chief Special Master Corcoran
Petitioner, Filed: March 12, 2020
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)
Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 26, 2018, Donald Orr 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 SIRVA related to the administration
of the Tdap vaccine on October 31, 2016. Petition at 1, 4. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On January 8, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On March 11, 2020, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $50,252.85. Proffer
at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:18-vv-01808-UNJ Document 38 Filed 04/14/20 Page 2 of 4
award. Id. 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 lump
sum payment of $50,252.85 in the form of a check payable to Petitioner. 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

Case 1:18-vv-01808-UNJ Document 38 Filed 04/14/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DONALD ORR, )
)
Petitioner, ) No. 18-1808V
) Chief Special Master
v. ) Brian H. Corcoran
) SPU
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On November 26, 2018, Donald Orr (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on January 7, 2020. Based on Respondent’s Rule
4(c) Report, on January 8, 2020, Chief Special Master Corcoran found petitioner entitled to
compensation for her left shoulder SIRVA injury.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$50,252.85. The award is comprised of $50,000.00 for pain and suffering, and $252.85 for past
unreimbursable out-of-pocket medical expenses. This represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made

Case 1:18-vv-01808-UNJ Document 38 Filed 04/14/20 Page 4 of 4
through a lump sum payment of $50,252.85, in the form of a check made payable to petitioner. 1
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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/Althea Walker Davis
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
DATED: March 11, 2020
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.
2