VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00451
Package ID: USCOURTS-cofc-1_21-vv-00451
Petitioner: Oliver Mains
Filed: 2021-01-11
Decided: 2024-01-19
Vaccine: influenza
Vaccination date: 2020-10-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45547

AI-assisted case summary:
Oliver Mains filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 11, 2020. The respondent conceded that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, Petitioner had no prior history of shoulder issues, pain occurred within 48 hours of the vaccination, the pain was limited to the injection site, and no other condition explained the pain. The respondent also agreed that Petitioner suffered residual effects for more than six months. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $45,547.00, comprising $45,000.00 for past pain and suffering and $547.00 for unreimbursable out-of-pocket expenses. Petitioner agreed with this award. The court awarded the lump sum payment of $45,547.00 to Oliver Mains.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00451-0
Date issued/filed: 2023-09-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/25/2023) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00451-UNJ Document 30 Filed 09/25/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0451V
OLIVER MAINS, Chief Special Master Corcoran
Petitioner, Filed: August 25, 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 11, 2022, Oliver Mains 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 vaccination he received on October
11, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On August 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 states that “Petitioner’s alleged injury is consistent with
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-00451-UNJ Document 30 Filed 09/25/23 Page 2 of 2
SIRVA as defined by the Vaccine Injury Table. Specifically, Petitioner had no history of
pain, inflammation, or dysfunction of his left shoulder prior to vaccination; 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 Petitioner’s shoulder pain.” Id. at 3. Respondent further
agrees that “Petitioner suffered the residual effects of his condition for more than six
months.” 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-00451-1
Date issued/filed: 2024-01-19
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/19/2023) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00451-UNJ Document 38 Filed 01/19/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0451V
OLIVER MAINS, Chief Special Master Corcoran
Petitioner, Filed: December 19, 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 11, 2021, Oliver Mains 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”) following an influenza vaccination he received on October 11,
2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On August 25, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his SIRVA. On December 18, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $45,547.00,
representing $45,000.00 for past pain and suffering and $547.00 for unreimbursable out-
of-pocket expenses. Proffer at 2. In the Proffer, Respondent represented that Petitioner
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-00451-UNJ Document 38 Filed 01/19/24 Page 2 of 5
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 $45,547.00, representing $45,000.00 in past pain and suffering and
$547.00 for unreimbursable out-of-pocket 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-00451-UNJ Document 38 Filed 01/19/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
OLIVER MAINS, )
)
Petitioner, ) No. 21-451V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________)
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On May 24, 2022, Oliver Mains (“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”), alleging that he suffered a Table shoulder injury related to vaccine administration
(“SIRVA”), as the result of an influenza (“flu”) vaccination received on October 11, 2020.
Petition at 1. On August 24, 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. 27. On August 25, 2023, Chief Special Master Corcoran issued a ruling on
entitlement, finding that petitioner was entitled to compensation for a SIRVA Table injury. ECF
No. 28.
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-00451-UNJ Document 38 Filed 01/19/24 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 $45,547.00, consisting of $45,000.00 for past pain and suffering and $547.00 for
unreimbursable out-of-pocket expenses. 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 $45,547.00 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
DARRYL R. WISHARD
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-00451-UNJ Document 38 Filed 01/19/24 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: December 18, 2023
3