VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01426
Package ID: USCOURTS-cofc-1_19-vv-01426
Petitioner: Sean Holtzclaw
Filed: 2021-04-12
Decided: 2021-07-07
Vaccine: influenza
Vaccination date: 2017-09-26
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Sean Holtzclaw 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) as a result of receiving the influenza vaccine on September 26, 2017. The respondent conceded that Mr. Holtzclaw's claim met the Table criteria for SIRVA, agreeing that he had no prior history of shoulder issues, experienced onset of pain within 48 hours of vaccination, and that the pain and reduced range of motion were limited to the injection shoulder. Based on this concession and the evidence, the court issued a ruling on entitlement, finding Mr. Holtzclaw entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending $80,000.00 for pain and suffering, which Mr. Holtzclaw agreed to. The court accepted this proffer and awarded Mr. Holtzclaw a lump sum payment of $80,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01426-0
Date issued/filed: 2021-05-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/12/2021) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01426-UNJ Document 32 Filed 05/13/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1426V
UNPUBLISHED
SEAN HOLTZCLAW, Chief Special Master Corcoran
Petitioner, Filed: April 12, 2021
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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 18, 2019, Sean Holtzclaw 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 from a right shoulder injury as a result
of receiving the flu vaccine on September 26, 2017. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On April 8, 2021, 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 Petitioner’s claim meets the Table criteria for SIRVA.
Id. at 3. Respondent further agrees that “[P]etitioner had no history of pain, inflammation
or dysfunction of the affected shoulder prior to intramuscular vaccine administration that
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-01426-UNJ Document 32 Filed 05/13/21 Page 2 of 2
would explain the alleged signs, symptoms, examination findings, and/or diagnostic
studies occurring after vaccine injection; he suffered the onset of pain within forty-eight
hours of vaccine administration; his pain and reduced range of motion were limited to the
shoulder in which the intramuscular vaccine was administered; and there is no other
condition or abnormality present that would explain petitioner’s symptoms,” and therefore,
Petitioner is entitled to a presumption of vaccine causation. 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-01426-1
Date issued/filed: 2021-07-07
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/07/2021) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01426-UNJ Document 38 Filed 07/07/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1426V
UNPUBLISHED
SEAN HOLTZCLAW, Chief Special Master Corcoran
Petitioner, Filed: June 7, 2021
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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 18, 2019, Sean Holtzclaw 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 from a right shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving the influenza (“flu”) vaccine on
September 26, 2017. Petition at 1. Petitioner further alleges that his injuries lasted for
more than six months. Petition at 3. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 12, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On June 7, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $80,000.00 for pain and
suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with
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-01426-UNJ Document 38 Filed 07/07/21 Page 2 of 4
the proffered 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 $80,000.00 (for pain and suffering) 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-01426-UNJ Document 38 Filed 07/07/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
SEAN HOLTZCLAW, )
)
Petitioner, )
) No. 19-1426V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On April 8, 2021, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
sustained the onset of a right shoulder injury related to vaccine administration (“SIRVA”) within
the Table time period following an influenza vaccine, and therefore sustained an injury that is
compensable under the terms of the National Childhood Vaccine Injury Act of 1986, as
amended, 42 U.S.C. §§300aa-10 to -34. ECF No. 28. Accordingly, on April 12, 2021, the Chief
Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for SIRVA following the influenza vaccine he received on September 26, 2017.
ECF No. 29.
II. Items of Compensation
Respondent proffers that petitioner should be awarded $80,000.00 for pain and suffering.
This represents all elements of compensation to which petitioner is entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.

Case 1:19-vv-01426-UNJ Document 38 Filed 07/07/21 Page 4 of 4
III. 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 following1: a lump sum payment of $80,000.00, in the form of a
check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Sean Holtzclaw: $80,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
DATED: June 7, 2021
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 pain and
suffering.
2