VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00260
Package ID: USCOURTS-cofc-1_21-vv-00260
Petitioner: Thomas Harkins
Filed: 2021-01-07
Decided: 2023-09-13
Vaccine: influenza
Vaccination date: 2020-09-21
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Thomas Harkins 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 vaccination he received on September 21, 2020. The petition was filed on January 7, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 16, 2023, conceding that Mr. Harkins is entitled to compensation. The respondent confirmed that Mr. Harkins met the criteria for SIRVA as defined by the Vaccine Injury Table, including having no prior shoulder issues, experiencing pain within 48 hours of vaccination, pain localized to the injection site, and no other identified cause for the pain. The respondent also confirmed that the case was timely filed, the vaccine was administered in the United States, and the injury resulted in residual effects for more than six months. Based on the respondent's concession and the evidence, a ruling on entitlement was issued on June 21, 2023, finding Mr. Harkins entitled to compensation. Subsequently, on August 7, 2023, the respondent filed a proffer on award of compensation, recommending an award of $45,000.00 for past pain and suffering, which Mr. Harkins agreed to. A decision awarding damages was issued on September 13, 2023, granting Mr. Harkins a lump sum payment of $45,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00260-0
Date issued/filed: 2023-07-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/21/2023) regarding 34 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00260-UNJ Document 37 Filed 07/21/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-260V
THOMAS HARKINS, Chief Special Master Corcoran
Petitioner, Filed: June 21, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Thomas Harkins 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 his September 21, 2020
influneza (“flu”) vaccination. Petition at 1. Petitioner further alleges 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 ¶ 5.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-00260-UNJ Document 37 Filed 07/21/23 Page 2 of 2
On June 16, 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
[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table
(“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for SIRVA.
42 C.F.R. §§ 100.3(a)(XIV)(B), 100.3(c)(10). Specifically, [P]etitioner had
no history of pain, inflammation, or dysfunction of his right shoulder; pain
occurred within 48 hours after receipt of an intramuscular vaccination; pain
was limited to the shoulder in which the vaccine was administered; and no
other condition or abnormality has been identified to explain [P]etitioner’s
shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10).
Id. at 4. Respondent further agrees that “the records show that [P]etitioner timely filed his
case, that he received the flu vaccine in the United States, and that he satisfies the
statutory severity requirement by suffering the residual effects or complications of his
injury for more than six months after vaccine administration.” Id. (citing 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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00260-1
Date issued/filed: 2023-09-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/14/2023) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00260-UNJ Document 43 Filed 09/13/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-260V
THOMAS HARKINS, Chief Special Master Corcoran
Petitioner, Filed: August 14, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Thomas Harkins 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 vaccine on September 21, 2020.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On June 21, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On August 7, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $45,000.00. Proffer at
2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
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-00260-UNJ Document 43 Filed 09/13/23 Page 2 of 5
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 $45,000.00 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-00260-UNJ Document 43 Filed 09/13/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
THOMAS HARKINS, )
)
Petitioner, ) No. 21-260V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 7, 2021, Thomas Harkins (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), as amended. Petitioner alleged that he suffered from a right Shoulder
Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”)
vaccination administered on September 21, 2020. Petition at 1. On June 16, 2023, respondent
filed his Vaccine Rule 4(c) Report, concluding that petitioner suffered from SIRVA as defined
by the Vaccine Injury Table, within the Table timeframe. ECF No. 33. On June 21, 2023, Chief
Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to
compensation for a SIRVA Table injury. ECF No. 34.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:21-vv-00260-UNJ Document 43 Filed 09/13/23 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $45,000.00, representative of past pain and suffering. This amount represents all
elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
III. Form of the Award
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: A lump sum payment of $45,000.00 in
the form of a check payable to petitioner.2 Petitioner agrees.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:21-vv-00260-UNJ Document 43 Filed 09/13/23 Page 5 of 5
s/ Joseph A. Lewis
JOSEPH A. LEWIS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146,
Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 451-7495
E: joseph.a.lewis@usdoj.gov
DATED: August 7, 2023
3