VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01729
Package ID: USCOURTS-cofc-1_20-vv-01729
Petitioner: Brian Eveland
Filed: 2020-12-02
Decided: 2022-11-29
Vaccine: influenza
Vaccination date: 2019-10-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 53255

AI-assisted case summary:
Brian Eveland filed a petition for compensation under the National Vaccine Injury Compensation Program on December 2, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 22, 2019. The respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer on October 25, 2022, conceding that Mr. Eveland's injury was consistent with SIRVA as defined by the Vaccine Injury Table and its accompanying Qualifications and Aids to Interpretation. The respondent also agreed that Mr. Eveland suffered residual effects or complications of his injury for more than six months after vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement finding Mr. Eveland entitled to compensation. Subsequently, on October 25, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages. The decision awarded Mr. Eveland a lump sum of $53,254.56, comprising $53,000.00 for pain and suffering and $254.46 for unreimbursed expenses. This award represents compensation for all damages available under the program. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Alec Saxe of the U.S. Department of Justice. The decision was issued on November 29, 2022.

Theory of causation field:
Petitioner Brian Eveland alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 22, 2019. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and its Qualifications and Aids to Interpretation, and that Petitioner suffered residual effects for more than six months. The public text does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. Chief Special Master Brian H. Corcoran ruled on entitlement on October 25, 2022, based on the respondent's concession. A decision awarding damages was issued on November 29, 2022, awarding a total of $53,254.56 ($53,000.00 for pain and suffering, $254.46 for unreimbursed expenses). Petitioner was represented by Ronald Craig Homer, and Respondent by Alec Saxe.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-01729-0
Date issued/filed: 2022-11-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/25/2022) regarding 32 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01729-UNJ Document 37 Filed 11/28/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1729V
UNPUBLISHED
BRIAN EVELAND, Chief Special Master Corcoran
Petitioner,
v. Filed: October 25, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 2, 2020, Brian Eveland (“Petitioner”) 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 shoulder
injury related to vaccine administration (“SIRVA”) resulting from the influenza vaccine
(“flu”) vaccine he received on October 22, 2019. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On October 25, 2022, Respondent filed a combined Rule 4(c) Report and Proffer
in which he concedes that Petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report and Proffer at 1. Specifically, Respondent states that
Petitioner’s injury is consistent with SIRVA as defined by the Vaccine Injury Table and 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).

Case 1:20-vv-01729-UNJ Document 37 Filed 11/28/22 Page 2 of 2
accompanying Qualifications and Aids to Interpretation (“QAI”) for SIRVA. Id. at 5 (citing
42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that Petitioner suffered the
residual effects or complications of his injury for more than six months after vaccine
administration. Id. (citing Section 13(a)(1)(B); Section 11(c)(1)(D)(i)).
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-01729-1
Date issued/filed: 2022-11-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/25/2022) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01729-UNJ Document 38 Filed 11/29/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1729V
UNPUBLISHED
BRIAN EVELAND, Chief Special Master Corcoran
Petitioner,
v. Filed: October 25, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision Based on Proffer;
Influenza (Flu); Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA).
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 2, 2020, Brian Eveland (“Petitioner”) 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 shoulder
injury related to vaccine administration (“SIRVA”) resulting from the influenza vaccine
(“flu”) vaccine he received on October 22, 2019. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On October 25, 2022, Respondent filed a combined Rule 4(c) Report and Proffer
in which he conceded that Petitioner was entitled to compensation for a Table SIRVA.
Respondent’s Rule 4(c) Report and Proffer at 1, 5. That same day, I issued a Ruling on
Entitlement.
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-01729-UNJ Document 38 Filed 11/29/22 Page 2 of 2
Respondent represents that Petitioner agrees to his proffer on an award of
compensation. Rule 4(c) Report and Proffer at 5. 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 combined Rule 4(c) Report and Proffer,3 I award
the following compensation:
A lump sum of $53,254.56 (representing $53,000.00 for pain and suffering,
and $254.46 for unreimbursed expenses) in the form of a check payable to
Petitioner. Respondent’s Rule 4(c) Report and Proffer at 9.This amount represents
compensation for all damages that would be available under Section 15(a). Id.
The Clerk of Court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal
medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto.
4 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