VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00220
Package ID: USCOURTS-cofc-1_20-vv-00220
Petitioner: Adam MacKay
Filed: 2020-02-27
Decided: 2022-03-03
Vaccine: influenza
Vaccination date: 2017-12-07
Condition: left shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Adam MacKay filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 7, 2017. Initially, the respondent contested entitlement, but later filed an amended report conceding that Mr. MacKay was entitled to compensation. The respondent agreed that Mr. MacKay had no prior history of left shoulder issues, that his pain occurred within 48 hours after the vaccination, was limited to the injection site, and that no other condition explained the pain. The Chief Special Master issued a ruling on entitlement, finding Mr. MacKay eligible for compensation. Subsequently, the respondent filed a proffer recommending an award of $75,000.00 for pain and suffering, which Mr. MacKay, a competent adult, agreed to. The court awarded Mr. MacKay a lump sum payment of $75,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00220-0
Date issued/filed: 2022-01-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/23/2021) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00220-UNJ Document 33 Filed 01/04/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0220V
UNPUBLISHED
ADAM MACKAY, Chief Special Master Corcoran
Petitioner, Filed: November 23, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 27, 2020, Adam MacKay 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 vaccine
administration after an influenza (“flu”) vaccine on December 7, 2017. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 16, 2021, Respondent filed his Rule 4(c) report in which he contested
Petitioner’s entitlement to compensation. On November 4, 2021, Petitioner filed additional
medical records relating to his injury. ECF No. 25. On November 23, 2021, Respondent
filed an Amended Rule 4(c) Report in which he concedes that Petitioner is entitled to
compensation in this case. Respondent’s Amended Rule 4(c) Report at 1. Specifically,
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00220-UNJ Document 33 Filed 01/04/22 Page 2 of 2
Respondent states that “Petitioner had no history of pain, inflammation, or dysfunction of
his left shoulder; pain occurred within 48 hours after receipt of an intramuscular
vaccination; pain was limited to the shoulder in which the vaccine was administered; and
no other condition or abnormality has been identified to explain Petitioner’s shoulder
pain.” Id. at 9. Respondent further agrees that the scope of damages to be awarded is
limited to Petitioner’s SIRVA and its related sequelae only. Id. at 10.
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_20-vv-00220-1
Date issued/filed: 2022-03-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/27/2022) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00220-UNJ Document 40 Filed 03/03/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0220V
UNPUBLISHED
ADAM MACKAY, Chief Special Master Corcoran
Petitioner, Filed: January 27, 2022
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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 27, 2020, Adam MacKay 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 injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine . Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On November 23, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for his SIRVA. ECF No. 29. On January 27, 2022, Respondent
filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be
awarded $75,000.00 in pain and suffering. Proffer at I. In the Proffer, Respondent
represented that Petitioner agrees with 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.
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 1:20-vv-00220-UNJ Document 40 Filed 03/03/22 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $75,000.00 in the form of a check payable to Petitioner. This amount
represents compensation for all damages that would be available under Section 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 1:20-vv-00220-UNJ Document 40 Filed 03/03/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ADAM MACKAY, )
)
Petitioner, )
) No. 20-220V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 2, 2020, Adam Mackay (“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”). Petition at 1-4. Petitioner alleges that he suffered a Shoulder Injury
Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, after
receiving an influenza vaccine on December 7, 2017. Id. at 1. On July 16, 2021, the Secretary
of Health and Human Services (“respondent”) filed a Rule 4(c) Report, recommending against
compensation because petitioner had not met the severity requirement under the Act based on the
available evidence. ECF No. 21. The Court then ordered the parties to brief the issue of
severity, and petitioner filed additional evidence as Exhibit 8. See ECF No. 28, Exhibit 8.
After further review of the medical records, including Exhibit 8, respondent filed an
amended Rule 4(c) Report on November 23, 2021, concluding that petitioner had met the
severity requirement and that the case was appropriate for compensation under the terms of the
Act for a SIRVA Table injury. ECF No. 28. That same day, the Chief Special Master issued a
Ruling on Entitlement, finding petitioner entitled to compensation. ECF No. 29-30, 33.

Case 1:20-vv-00220-UNJ Document 40 Filed 03/03/22 Page 4 of 5
I. Item of Compensation
Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). This amount represents 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 following1: a lump sum payment of $75,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Adam Mackay: $75,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
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 lost earnings
and future pain and suffering.
2

Case 1:20-vv-00220-UNJ Document 40 Filed 03/03/22 Page 5 of 5
/s/ Jamica M. Littles
JAMICA M. LITTLES
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) 305-4014
Fax: (202) 616-4310
E-mail: jamica.m.littles@usdoj.gov
DATED: January 27, 2022
3