VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00111
Package ID: USCOURTS-cofc-1_21-vv-00111
Petitioner: John Murphy
Filed: 2021-01-06
Decided: 2023-10-17
Vaccine: influenza
Vaccination date: 2019-11-27
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 63219

AI-assisted case summary:
John Murphy filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine he received on November 27, 2019. He stated that the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that he had no prior award or settlement for his injury. The respondent conceded that Mr. Murphy's injury was consistent with SIRVA, as defined on the Vaccine Injury Table. The respondent noted that Mr. Murphy had no prior history of shoulder issues, his pain and reduced range of motion occurred within 48 hours of the vaccination, his symptoms were limited to the affected shoulder, and no other condition explained his symptoms. The respondent also agreed that Mr. Murphy's injury lasted for at least six months and that he satisfied all other legal prerequisites for compensation. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, the parties reached a stipulation for an award of damages. The court awarded Mr. Murphy a total of $63,219.72, which included $62,500.00 for pain and suffering and $719.72 for unreimbursable medical expenses. This award was presented as a lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00111-0
Date issued/filed: 2023-08-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/20/2023 ) regarding 35 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00111-UNJ Document 37 Filed 08/21/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-111V
JOHN MURPHY, Chief Special Master Corcoran
Petitioner, Filed: July 20, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On January 6, 2021, John Murphy 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 he suffered a Table injury, Shoulder Injury
Related to Vaccine Administration (“SIRVA”), as a result of an influenza (“flu”) vaccine
administered to him on November 27, 2019. Petition at 1. Petitioner further alleges the
vaccine was administered within the United States, that he suffered the residual effects
of his injury for more than six months, and that there has been no prior award or
settlement of a civil action on his behalf as a result of his injury. See Petition at ¶¶ 2,5-7.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00111-UNJ Document 37 Filed 08/21/23 Page 2 of 2
On July 20, 2023, 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 indicates that he
has concluded that [P]etitioner’s alleged injury is consistent with SIRVA, as
defined on the Vaccine Injury Table. Specifically, [P]etitioner had no history
of pain, inflammation or dysfunction in his right shoulder; his pain and
reduced range of motion occurred within 48 hours of receipt of an
intramuscular vaccination; his symptoms were limited to the shoulder in
which the vaccine was administered; and no other condition or abnormality
was identified to explain his symptoms.
Id. at 4 (citing 42 C.F.R. § 100.3(a), (c)(10)). Respondent further agrees that “[P]etitioner
has satisfied the statutory requirement that [P]etitioner’s injury lasted for at least six
months as required” pursuant to Section 11(c)(1)(D)(i), and that Petitioner has otherwise
“satisfied all legal prerequisites for compensation under the Act.” Id. at 4-5.
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_21-vv-00111-1
Date issued/filed: 2023-10-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/12/2023) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00111-UNJ Document 44 Filed 10/17/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-111V
JOHN MURPHY, Chief Special Master Corcoran
Petitioner, Filed: September 12, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On January 6, 2021, John Murphy 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”) as a result of an influenza (“flu”) vaccine administered to him on
November 27, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On July 20, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On September 11, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $63,219,72, which is
comprised of damages for pain and suffering ($62,500.00) and unreimbursable medical
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00111-UNJ Document 44 Filed 10/17/23 Page 2 of 4
expenses ($719.72). 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 $63,219,72 (comprised of damages for pain and suffering
($62,500.00) and unreimbursable medical expenses ($719.72)) 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 1:21-vv-00111-UNJ Document 44 Filed 10/17/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOHN MURPHY,
Petitioner, No. 21-111V
Chief Special Master Corcoran
v. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History and Items of Compensation
On July 20, 2023, respondent filed his Vaccine Rule 4(c) report, and conceded that
entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter,
that same day, the Chief Special Master issued a Ruling on Entitlement finding that petitioner
was entitled to vaccine compensation for his right Shoulder Injury Related to Vaccine
Administration (“SIRVA”). ECF Nos. 34, 35. Based on the evidence of record, respondent
proffers that petitioner should be awarded $63,219,72, which is comprised of damages for pain
and suffering ($62,500.00) and unreimbursable medical expenses ($719.72). This amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. §
300aa-15(a).1 Petitioner agrees.
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.

Case 1:21-vv-00111-UNJ Document 44 Filed 10/17/23 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 $63,219,72, 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
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
mallori.b.openchowski@usdoj.gov
DATED: September 11, 2023