VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01765
Package ID: USCOURTS-cofc-1_20-vv-01765
Petitioner: Roland O’Connor
Filed: 2020-12-04
Decided: 2022-05-19
Vaccine: influenza
Vaccination date: 2019-10-18
Condition: left shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 77500

AI-assisted case summary:
Roland O’Connor filed a petition for compensation on December 4, 2020, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine he received on October 18, 2019. He stated that the vaccine was administered in the United States, his injuries persisted for more than six months, and he had not received prior compensation or filed other actions for this injury. Respondent conceded entitlement to compensation, noting that Mr. O’Connor had no prior history of shoulder pain, his pain occurred within 48 hours of vaccination, was limited to the vaccinated shoulder, and no other condition explained the pain. The respondent also agreed that the injury persisted for more than six months, satisfying all legal prerequisites for compensation. A ruling on entitlement was issued on April 4, 2022, finding Mr. O’Connor entitled to compensation. Subsequently, on May 6, 2022, Respondent filed a proffer recommending an award of $77,500.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran issued a decision awarding Mr. O’Connor a lump sum payment of $77,500.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01765-0
Date issued/filed: 2022-05-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/04/2022) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01765-UNJ Document 33 Filed 05/19/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1765V
UNPUBLISHED
ROLAND O’CONNOR, Chief Special Master Corcoran
Petitioner, Filed: April 4, 2022
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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 4, 2020, Roland O’Connor 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 vaccine received on October 18,
2019. Petition at 1. Petitioner further alleges that he received the vaccine in the United
States, his injuries persisted for more than six months, and neither he, nor any other parti,
has ever received compensation in the form of an award or settlement, or filed any action,
for his vaccine-related injury. Petition at ¶¶ 2, 8-10. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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-01765-UNJ Document 33 Filed 05/19/22 Page 2 of 2
On April 1, 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 petitioner had no prior history of pain,
inflammation, or dysfunction of his left shoulder; his pain occurred within forty-eight hours
of receiving the subject vaccination; his pain was limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality had been identified to
explain petitioner’s shoulder pain.” Id. at 5. Respondent further agrees that “based on the
medical records outlined [in the Rule 4(c) Report], petitioner suffered the residual effects
of his condition for more than six months. Therefore, based on the record as it now stands,
petitioner has 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_20-vv-01765-1
Date issued/filed: 2022-06-21
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/09/2022) regarding 29 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01765-UNJ Document 34 Filed 06/21/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1765V
UNPUBLISHED
ROLAND O’CONNOR, Chief Special Master Corcoran
Petitioner, Filed: May 9, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 4, 2020, Roland O’Connor 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 vaccine received on October 18,
2019. Petition at 1. Petitioner further alleges that he received the vaccine in the United
States, his injuries persisted for more than six months, and neither he, nor any other party,
has ever received compensation in the form of an award or settlement, or filed any action,
for his vaccine-related injury. Petition at ¶¶ 2, 8-10. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 4, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On May 6, 2022, Respondent filed a proffer on award of
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-01765-UNJ Document 34 Filed 06/21/22 Page 2 of 5
compensation (“Proffer”) indicating Petitioner should be awarded $77,500.00. Proffer at
1. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $77,500.00 (representing pain and suffering) 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-01765-UNJ Document 34 Filed 06/21/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ROLAND O’CONNOR,
)
)
Petitioner,
) No. 20-1765V
v.
) Chief Special Master Corcoran
) SPU
SECRETARY OF HEALTH AND HUMAN
) ECF
SERVICES,
)
)
Respondent.
)
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 4, 2020, Roland O’Connor (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
-34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that he suffered a Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine
administered to him on October 18, 2019. On April 1, 2022, respondent filed his Vaccine Rule
4(c) report, recommending that compensation be awarded, and on April 4, 2022, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
No. 23; ECF No. 24.
I. Items of Compensation
A. Pain and suffering
Respondent proffers that petitioner should be awarded $77,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represent all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

Case 1:20-vv-01765-UNJ Document 34 Filed 06/21/22 Page 4 of 5
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 $77,500.00, in the form of a
check payable to petitioner, Roland O’Connor.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Roland O’Connor: $77,500.00.
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
ALEXIS B. BABCOCK
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 pain and
suffering.
2

Case 1:20-vv-01765-UNJ Document 34 Filed 06/21/22 Page 5 of 5
s/Traci R. Patton
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 353-1589
E-mail: Traci.Patton@usdoj.gov
Dated: May 6, 2022
3