VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00488
Package ID: USCOURTS-cofc-1_21-vv-00488
Petitioner: Arlene O’Connell
Filed: 2021-01-11
Decided: 2024-08-01
Vaccine: influenza
Vaccination date: 2019-12-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52000

AI-assisted case summary:
Arlene O’Connell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on December 28, 2019. The respondent, the Secretary of Health and Human Services, denied that Ms. O’Connell sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury. Despite these differing positions, the parties reached a joint stipulation to settle the case. The stipulation stated that Ms. O’Connell received the flu vaccine in the United States and experienced residual effects of her injury for more than six months, and that no lawsuits had been filed or settlements accepted by anyone for her vaccine-related injury. The parties agreed that a decision should be entered awarding compensation. Chief Special Master Corcoran adopted the stipulation as the decision, awarding Ms. O’Connell a lump sum of $52,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision also noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00488-0
Date issued/filed: 2024-08-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/01/2024) regarding 69 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00488-UNJ Document 73 Filed 08/01/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0488V
ARLENE O’CONNELL, Chief Special Master Corcoran
Petitioner, Filed: July 1, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 11, 2021,Arlene O’Connellfiled a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On October 20, 2022 Petitioner filed an amended petition. Petitioner
alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza vaccine received on December 28, 2019. Amended Petition
at 1; Stipulation, filed July 1, 2024, at ¶¶ 2-4. Petitioner further alleges that the vaccine
was administered in the United States, she suffered the residual effects of her injury for
more than six months, and no lawsuits have been filed or settlements or awards accepted
by anyone, including Petitioner, due to her vaccine-related injury. Amended Petition at
¶¶ 18-20; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA
Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any
other injury; and denies that her current condition is a sequela of a vaccine-related injury.”
Stipulation at ¶ 6.
1Because 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.
2National 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-00488-UNJ Document 73 Filed 08/01/24 Page 2 of 7
Nevertheless, onJuly 1, 2024,the parties filed the attachedjoint stipulation, stating
that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $52,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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-00488-UNJ Document 73 Filed 08/01/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ARLENE O'CONNELL,
Petitioner, No. 21-488V (ECF)
Chief Special Master Corcoran
v.
SECRETA RY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Arlene O'Connell ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program'l The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine. This vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3.
2. Petitioner received a flu vaccine on December 28, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table. She further claims that she experienced
the residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her alleged injuries.

Case 1:21-vv-00488-UNJ Document 73 Filed 08/01/24 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Hwnan Services will issue
the following vaccine compensation payment:
A lump swn of $52,000.00 in the form of a check payable to petitioner. This
amount represents compensation for aJI damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (o ther than Title XIX of the Social Security Act ( 42 U .S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
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Case 1:21-vv-00488-UNJ Document 73 Filed 08/01/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the Unit~ States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccine administered on or about December 28,
2019, as alleged in a petition for vaccine compensation filed on or about January 11, 2021, in the
United States Court of Federal Claims as petition No. 21-488V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:21-vv-00488-UNJ Document 73 Filed 08/01/24 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the tenns of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and widerstand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injuries
or any other injury or her current disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:21-vv-00488-UNJ Document 73 Filed 08/01/24 Page 7 of 7
Respectfully submitted.
PETITIONER:
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/I1
-fd~,CONNELL
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
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Conway Homer. P.C. Deputy Director
16 Shawmut Street Torts Branch
Boston, MA 02 J l 6 Civil Division
Tel: (617)695-1990 U.S. Department of Justice
Email: RHomer@ccandh.com P.O. Box 146
Benjamin Franklin Station
Washington. DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes -
019i1allySi9r\tdbyGeor9eR.
Grime$•S14
S1 4 Dltt: 2024.06.1711:SS:SS .o.·oo· :3YtzY1-----::::
CDR GEORGE REED GRIMES, MDt MPH SARAH B. RIFKIN
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health System!i. Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane. 08W-25A Tel: (202) 305-5997
Rockville, MD 20857 Em.ail: sarah.rifkin@usdoj.gov
Dated: J y l l-{ I 1 202 t-/
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