VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00217
Package ID: USCOURTS-cofc-1_21-vv-00217
Petitioner: John Morgan
Filed: 2021-01-07
Decided: 2023-11-02
Vaccine: influenza
Vaccination date: 2020-01-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95957

AI-assisted case summary:
John Morgan filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on January 10, 2020. He stated that the injury was a defined Table injury and that he met all other legal prerequisites for compensation. Respondent conceded that the alleged injury was consistent with SIRVA and that Petitioner had satisfied all legal requirements. A ruling on entitlement was issued on July 28, 2023, finding Petitioner entitled to compensation. Subsequently, on October 2, 2023, Respondent filed a proffer on award of compensation, recommending $95,000.00 for pain and suffering and $957.66 for past unreimbursable expenses, totaling $95,957.66. Petitioner agreed with this award. The Chief Special Master issued a decision awarding Petitioner the stipulated lump sum of $95,957.66.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00217-0
Date issued/filed: 2023-08-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/28/2023) regarding 42 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00217-UNJ Document 45 Filed 08/29/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0217V
JOHN MORGAN, Chief Special Master Corcoran
Petitioner, Filed: July 28, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, John Morgan 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”), a defined Table injury, or in the alternative a caused-in-fact
injury, after receiving the influenza (“flu”) vaccine on January 10, 2020. Petition at 1, ¶¶
1, 3. Petitioner further alleges that he received the vaccine within the United States, that
he suffered the residual effects of his injury for more than six months, and that neither he
nor any other individual has filed received compensation for his alleged vaccine-related
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-00217-UNJ Document 45 Filed 08/29/23 Page 2 of 2
injury. Petition at ¶¶ 1, 4. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 28, 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 believes “that [P]etitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table.” Id. at 7. Respondent further agrees that
“based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for
compensation under the Vaccine 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_21-vv-00217-1
Date issued/filed: 2023-11-02
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/02/2023) regarding 48 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00217-UNJ Document 54 Filed 11/02/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0217V
JOHN MORGAN, Chief Special Master Corcoran
Petitioner, Filed: October 2, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, John Morgan 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”), a defined Table injury, or in the alternative a caused-in-fact
injury, after receiving the influenza (“flu”) vaccine on January 10, 2020. Petition at 1, ¶¶
1, 3. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On July 28, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for his SIRVA. On October 2, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $95,957.66,
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-00217-UNJ Document 54 Filed 11/02/23 Page 2 of 5
representing compensation in the amounts of $95,000.00 for pain and suffering and
$957.66 for past unreimbursable expenses. Proffer at 2. 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 $95,957.66, representing compensation in the amounts of
$95,000.00 for pain and suffering and $957.66 for actual unreimbursable 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 1:21-vv-00217-UNJ Document 54 Filed 11/02/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOHN MORGAN,
Petitioner,
No. 2 l-2 l 7V (ECF)
V.
Chief Special Master Corcoran
SECRETA RY OF HEALT H
AND HUMA SERVICES,
Respondent.
RESPONDENT'S PROFFER ON AW ARD OF COMPENSATION
On January 7, 2021, John Morgan ("petitioner'') filed a petition for compensation under
the National Childhood Vaccine Injury Act of I 986, as amended, 42 U.S.C. §§ 300aa-l to -34
("Vaccine Act"), alleging that he suffered a Shoulder Injury Related to Vaccine Administration
("SIRVA"), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine that he received on January l 0, 2020. ECF No. l at 1-3. On June 14, 2022, petitioner
filed an amended petition for compensation. ECF No. 28. The amended petition provided an
expanded set of facts based on petitioner's medical records, but it did not contain any changes to
the legal allegations made in this case. See id. On July 28, 2023, the Secreta1y of Health and
Human Services ("respondent") filed a Rule 4(c) repo1i indicating that this case was appropriate
for compensation under the tenns of the Vaccine Act for a SIRVA Table Injury. ECF No. 41.
Also on July 28, 2023, the Chief Special Master issued a Ruling on Entitlement finding that
petitioner was entitled to compensation. ECF o. 42.

Case 1:21-vv-00217-UNJ Document 54 Filed 11/02/23 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $95,000.00 in pain and suffering.
See42 U.S.C. § 300aa-l5(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
pertaining to his vaccine-related injury. Respondent proffers that petitioner should be awarded
past unreimbursable expenses in the amount of $957.66. See 42 U.S.C. § 300aa-l 5(a)( l)(B).
Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-l 5(a). Petitioner agrees.
II. Form of the Award
Petitioner js 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 following:1 a lump sum payment of $95,957.66, in the fonn of a
check payable to petitioner.
Ill. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, John Morgan: $95,957.66
1 Should petitioner die prior to entry of judgment, the pai1ies reserve the right to move the Com1
for appropriate relief. In particular, respondent would oppose any award for future lost eamings
and future pain and suffering.
2

Case 1:21-vv-00217-UNJ Document 54 Filed 11/02/23 Page 5 of 5
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVAT ORE D' ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
Isl Beniamin P. Warder
BENJAMIN P. WARDER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Telephone: (202) 532-5464
Email: Benjamin.P.Warde1@usdoj.gov
DA TE: October 2, 2023
3