VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00263
Package ID: USCOURTS-cofc-1_21-vv-00263
Petitioner: Meagan O’Neill
Filed: 2021-01-07
Decided: 2023-04-14
Vaccine: influenza
Vaccination date: 2020-09-30
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 58327

AI-assisted case summary:
Meagan O’Neill filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on September 30, 2020. She stated that the vaccine was administered in the United States, her injury lasted for more than six months, and she had not filed a civil action for her vaccine-related injuries. The respondent conceded that Petitioner was entitled to compensation, agreeing that she had no relevant history of left shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the vaccinated shoulder, and no other condition explained her symptoms. The respondent further agreed that Petitioner satisfied the SIRVA Table and QAI criteria. Based on the respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. A subsequent decision awarded Petitioner $58,327.18, comprised of $57,500.00 for pain and suffering and $827.18 for past unreimbursable expenses, 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-00263-0
Date issued/filed: 2023-03-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/24/2023) regarding 29 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00263-UNJ Document 37 Filed 03/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0263V
UNPUBLISHED
MEAGAN O’NEILL, Chief Special Master Corcoran
Petitioner, Filed: February 24, 2023
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)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Meagan O’Neill filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On May 19, 2021, Petitioner filed an amended petition. Petitioner alleges
that she suffered a left shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza vaccine received on September 30, 2020. Amended Petition
at 1-2. Petitioner further alleges that the vaccine was administered in the United States,
her injury lasted for more than six months, and Petitioner has never filed a civil action for
her vaccine related injuries. Amended Petition at 1, 4. 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 1:21-vv-00263-UNJ Document 37 Filed 03/27/23 Page 2 of 2
On February 24, 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 agrees that “Petitioner had no relevant history of pain,
inflammation, or dysfunction in her left shoulder; her pain and reduced range of motion
occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms were
limited to the shoulder in which the vaccine was administered; and no other condition or
abnormality was identified to explain her symptoms.” Id. at 5. Respondent therefore
agrees that Petitioner has satisfied the SIRVA Table and QAI criteria. 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-00263-1
Date issued/filed: 2023-04-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/14/2023) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00263-UNJ Document 38 Filed 04/14/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0263V
UNPUBLISHED
MEAGAN O’NEILL, Chief Special Master Corcoran
Petitioner, Filed: March 14, 2023
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)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Meagan O’Neill filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On May 19, 2021, Petitioner filed an amended petition. Petitioner alleges
that she suffered a left shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza vaccine received on September 30, 2020. Amended Petition
at 1-2. Petitioner further alleges that the vaccine was administered in the United States,
her injury lasted for more than six months, and Petitioner has never filed a civil action for
her vaccine related injuries. Amended Petition at 1, 4. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On February 24, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On March 14, 2023, Respondent filed a proffer on
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 1:21-vv-00263-UNJ Document 38 Filed 04/14/23 Page 2 of 5
award of compensation (“Proffer”) indicating Petitioner should be awarded $58,327.18.
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 $58,327.18 (comprised of $57,500.00 in pain and suffering and
$827.18 in past 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-00263-UNJ Document 38 Filed 04/14/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MEAGAN O’NEILL,
Petitioner,
v. No. 21-263V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 7, 2021, Meagan O’Neill (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
-34, as amended. She alleges that she sustained a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, within the Table time
period following administration of an Influenza vaccine she received on September 30, 2020.
See Petition. On February 24, 2023, respondent filed his Vaccine Rule 4(c) report, indicating
that this case is appropriate for compensation under the terms of the Act for a SIRVA Table
injury. ECF No. 27. On February 24, 2023, the Chief Special Master issued a ruling on
entitlement, finding that petitioner was entitled to compensation for a SIRVA Table injury.
ECF No. 29.
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-00263-UNJ Document 38 Filed 04/14/23 Page 4 of 5
II. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $57,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $827.18. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. 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 following2: a lump sum payment of $58,327.18, in the
form of a check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Meagan O’Neill: $58,327.18
2 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.

Case 1:21-vv-00263-UNJ Document 38 Filed 04/14/23 Page 5 of 5
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
s/ Tyler C. King
TYLER C. KING
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-0730
Tyler.King@usdoj.gov
Dated: March 14, 2023