VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00134
Package ID: USCOURTS-cofc-1_19-vv-00134
Petitioner: Kristan McMahon
Filed: 2019-01-28
Decided: 2020-06-29
Vaccine: influenza
Vaccination date: 2017-10-27
Condition: left shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 74180

AI-assisted case summary:
Kristan McMahon filed a petition for compensation on January 28, 2019, alleging that he suffered left shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 27, 2017. The case was assigned to the Special Processing Unit. On April 3, 2020, the respondent filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA of the left arm and met the requirements of a Table injury claim stemming from the flu vaccination. The respondent further agreed that the petitioner had met the statutory requirements for entitlement to compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 3, 2020, finding the petitioner entitled to compensation. Subsequently, on May 20, 2020, the respondent filed a proffer on the award of compensation, recommending an award of $74,180.17. This amount included $72,500.00 for actual and projected pain and suffering, with projected pain and suffering reduced to net present value, and $1,680.17 for past unreimbursable expenses. The petitioner agreed with the proffered award. Chief Special Master Corcoran issued a decision on June 29, 2020, awarding the petitioner a lump sum of $74,180.17, payable by check to the petitioner, representing compensation for all damages available under the Act. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury beyond its classification as SIRVA. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kristan McMahon alleged left shoulder injuries related to vaccine administration (SIRVA) from an influenza vaccination received on October 27, 2017. The respondent conceded that the injury was consistent with SIRVA and met the requirements of a Table injury claim. The case was ruled entitled to compensation on April 3, 2020, by Chief Special Master Brian H. Corcoran. A stipulation and proffer on award of compensation was filed on May 20, 2020, by respondent, with petitioner agreeing to the terms. The award was finalized on June 29, 2020, by Chief Special Master Corcoran, granting a lump sum of $74,180.17, comprising $72,500.00 for pain and suffering (net present value) and $1,680.17 for past unreimbursable expenses. The public text indicates a Table "SIRVA" theory of causation and does not detail specific medical experts, clinical findings, or the precise mechanism of injury beyond this classification. Petitioner counsel was Bridget Candace McCullough, and respondent counsel was Claudia Barnes Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00134-0
Date issued/filed: 2020-05-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/03/2020) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00134-UNJ Document 26 Filed 05/04/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0134V
UNPUBLISHED
KRISTAN MCMAHON, Chief Special Master Corcoran
Petitioner, Filed: April 3, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On January 28, 2019, Kristan McMahon 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 left shoulder injuries related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination received
on October 27, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 3, 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 agrees that “petitioner’s alleged injury is consistent with SIRVA
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 1:19-vv-00134-UNJ Document 26 Filed 05/04/20 Page 2 of 2
of the left arm and that it meets the requirements of a Table injury claim for SIRVA
stemming from the flu vaccination administered on October 27, 2017.” Id. at 3.
Respondent further agrees that “petitioner has met the statutory requirements for
entitlement to compensation . . . . [and] satisfied all legal prerequisites for compensation
under the Act.” 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_19-vv-00134-1
Date issued/filed: 2020-06-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/20/2020) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00134-UNJ Document 33 Filed 06/29/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0134V
UNPUBLISHED
KRISTAN MCMAHON, Chief Special Master Corcoran
Petitioner, Filed: May 20, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On January 28, 2019, Kristan McMahon 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 left shoulder injuries related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination received
on October 27, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 3, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On May 20, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $74,180.17. Proffer at
2. 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 1:19-vv-00134-UNJ Document 33 Filed 06/29/20 Page 2 of 5
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 $74,180.17 (comprised of $72,500.00 for actual and projected
pain and suffering, with projected pain and suffering reduced to net present
value, and $1,680.17 for past unreimbursable expenses) 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 1:19-vv-00134-UNJ Document 33 Filed 06/29/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KRISTAN MCMAHON, )
)
Petitioner, )
) No. 19-134V
v. ) Chief Special Master Corcoran
) (ECF)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
On April 3, 2020, respondent filed a Rule 4(c) Report, in which he conceded that
petitioner sustained a Table left shoulder injury related to vaccine administration (SIRVA) from
the flu vaccine administered on October 27, 2017; that the records show that the case was timely
filed; that the vaccine was received in the United States; and that petitioner satisfies the statutory
severity requirement by suffering the residual effects or complications of his injury for more than
six months after vaccine administration. ECF No. 23. That same day, the Court issued a Ruling
on Entitlement, finding that petitioner is entitled to compensation. ECF No. 24.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that the Court should award petitioner a lump sum of $72,500.00 for
his actual and projected pain and suffering. This amount reflects that the award for projected
pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4).
Petitioner agrees.

Case 1:19-vv-00134-UNJ Document 33 Filed 06/29/20 Page 4 of 5
B. Past Unreimbursable Expenses
Respondent proffers that the Court should award petitioner a lump sum of $1,680.17 for
past unreimbursable expenses, as provided under 42 U.S.C. § 300aa-15(a)(1)(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 of $74,180.17, in the form of a check payable to petitioner, which represents
all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-
15(a).1 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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
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 pain
and suffering.

Case 1:19-vv-00134-UNJ Document 33 Filed 06/29/20 Page 5 of 5
s/ Claudia B. Gangi
CLAUDIA B. GANGI
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) 616-4138
claudia.gangi@usdoj.gov
Dated: May 20, 2020