VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00391
Package ID: USCOURTS-cofc-1_20-vv-00391
Petitioner: Caitlin O’Donoghue
Filed: 2020-04-06
Decided: 2022-10-04
Vaccine: meningococcal
Vaccination date: 2018-07-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47612

AI-assisted case summary:
Caitlin O’Donoghue filed a petition for compensation under the National Vaccine Injury Compensation Program on April 6, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving two meningococcal vaccines in her right deltoid on July 24, 2018. She also received a human papillomavirus (HPV) vaccine in her left deltoid on the same date. The respondent filed a Rule 4(c) Report on May 9, 2022, conceding that Ms. O’Donoghue met the criteria for SIRVA as a Table injury and was entitled to compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 9, 2022, finding her entitled to compensation. Subsequently, on August 17, 2022, the respondent filed a proffer recommending an award of $47,500.00 for pain and suffering and $112.46 for unreimbursed expenses, totaling $47,612.46. The petitioner agreed with this proffered award. Chief Special Master Corcoran issued a decision on October 4, 2022, awarding Ms. O’Donoghue a lump sum payment of $47,612.46, consisting of $47,500.00 for pain and suffering and $112.46 for unreimbursed expenses. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond it being a Table injury. Petitioner counsel was Jonathan Joseph Svitak of Shannon Law Group, and respondent counsel was Andrew Henning of the U.S. Department of Justice. Ms. O’Donoghue is a competent adult.

Theory of causation field:
Petitioner Caitlin O’Donoghue alleged a shoulder injury related to vaccine administration (SIRVA) after receiving two meningococcal vaccines in her right deltoid on July 24, 2018. The respondent conceded that the injury was a Table injury and that Petitioner met the criteria for SIRVA. The Special Master found Petitioner entitled to compensation based on the respondent's concession. The award was based on a proffer agreed to by both parties, totaling $47,612.46, with $47,500.00 for pain and suffering and $112.46 for unreimbursed expenses. Chief Special Master Brian H. Corcoran issued the Ruling on Entitlement on May 9, 2022, and the final Decision awarding damages on October 4, 2022. Petitioner counsel was Jonathan Joseph Svitak, and respondent counsel was Andrew Henning. The public text does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00391-0
Date issued/filed: 2022-06-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/09/2022) regarding 39 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00391-UNJ Document 42 Filed 06/21/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0391V
UNPUBLISHED
CAITLIN O’DONOGHUE, Chief Special Master Corcoran
Petitioner, Filed: May 9, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Meningococcal Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jonathan Joseph Svitak, Shannon Law Group, Woodbridge, IL, for Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 6, 2020, Caitlin O’Donoghue 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 suffered a shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury, after receiving two meningococcal
vaccines in her right deltoid on July 24, 2018.3 Petition at 1, ¶¶ 2, 14, 17. In the alternative,
Petitioner alleges that her shoulder injury was caused-in-fact by the meningococcal
vaccines she received. Id. at 2, 15, 18. Petitioner further alleges that she received the
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).
3 On July 24, 2018, Petitioner also received a human papillomavirus (“HPV”) vaccine in her left deltoid.
Exhibit 7 (Part 1) at 17. It appears that, believing this vaccine also may have been administered in her right
deltoid, Petitioner included allegations of a Table SIRVA or caused-in-fact injury following the receipt of the
HPV vaccine. Petition at ¶¶ 20-21. However, the vaccine record clearly shows the HPV vaccine was
administered in Petitioner’s left deltoid. Exhibit 7 (Part1) at 17.

Case 1:20-vv-00391-UNJ Document 42 Filed 06/21/22 Page 2 of 2
vaccines in the United States, that she suffered the residual effects of her SIRVA for more
than six months, and that neither she nor any other party has filed a civil case or received
compensation for her SIRVA injury. Petition at ¶¶ 2, 12, 22. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On May 9, 2022, 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 has concluded “that [P]etitioner has satisfied the criteria set forth
in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
(“QAI”) for SIRVA.” Id. at 4.
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
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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00391-1
Date issued/filed: 2022-10-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/17/2022) regarding 46 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-00391-UNJ Document 50 Filed 10/04/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-391V
UNPUBLISHED
CAITLIN O’DONOGHUE, Chief Special Master Corcoran
Petitioner, Filed: August 17, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Meningococcal Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jonathan Joseph Svitak, Shannon Law Group, Woodbridge, IL,, for Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 6, 2020, Caitlin O’Donoghue 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 that she suffered a shoulder injury related to
vaccine administration (“SIRVA”), a defined Table injury, after receiving two
meningococcal vaccines in her right deltoid on July 24, 2018. Petition at 1, ¶¶ 2, 14, 17.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 9, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 17, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $47,500.00
representing pain and suffering, and $112.46 representing unreimbursed expenses.
Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the
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-00391-UNJ Document 50 Filed 10/04/22 Page 2 of 4
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 $47,612.46 ($47,500.00 representing pain and suffering and
$112.46 representing unreimbursed expenses) 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 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-00391-UNJ Document 50 Filed 10/04/22 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CAITLIN O’DONOGHUE,
Petitioner,
v. No. 20-391V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND SPU
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 9, 2022, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. ECF No. 38. On May 9, 2022, Chief Special Master
Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). ECF No.
39.
I. Items of Compensation
A. Pain and Suffering and Out-of-Pocket Expenses
Respondent proffers that petitioner should be awarded $47,500.00 in pain and suffering,
and $112.46 in out-of-pocket expenses. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:20-vv-00391-UNJ Document 50 Filed 10/04/22 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $47,612.46, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy 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
/s/ ANDREW J. HENNING
ANDREW J. HENNING
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) 616-4405
Email: andrew.j.henning@usdoj.gov
DATED: August 17, 2022
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