VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00650
Package ID: USCOURTS-cofc-1_21-vv-00650
Petitioner: Michael Sweeney
Filed: 2021-01-12
Decided: 2024-04-11
Vaccine: influenza
Vaccination date: 2019-11-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 41388

AI-assisted case summary:
Michael Sweeney filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine he received on or about November 24, 2019. The petition was filed on January 12, 2021. Respondent conceded that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that Petitioner had no prior shoulder issues, experienced pain within 48 hours of the vaccination, and the pain was limited to the injection site. Respondent also agreed that Petitioner suffered residual effects for more than six months and met all legal prerequisites for compensation. A ruling on entitlement was issued on November 16, 2023, finding Petitioner entitled to compensation. Subsequently, on March 8, 2024, Respondent filed a proffer on award of compensation, agreeing to an award of $41,000.00 for pain and suffering, plus $388.06 to satisfy a State of Illinois Medicaid lien. Petitioner agreed with this proffered award. The decision awarding damages was issued on April 11, 2024, granting a total award of $41,388.06.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00650-0
Date issued/filed: 2024-01-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/16/2023) regarding 44 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00650-UNJ Document 47 Filed 01/02/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0650V
MICHAEL SWEENEY, Chief Special Master Corcoran
Petitioner, Filed: November 16, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Rhonda Lorenz-Pignato, Shannon Law Group, PC, Woodridge, IL, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 12, 2021, Michael Sweeney 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 July 14, 2022, Petitioner filed an amended petition. Petitioner alleges
that he suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting
from an influenza vaccine received on or about November 24, 2019. Amended Petition at
1. Petitioner further alleges that the vaccine was administered in the United States, he
suffered residual effects of his injury for more than six months, and neither Petitioner, nor
any other party, has ever filed an action or received compensation in the form of an award
or settlement for Petitioner’s vaccine-related injury. Amended Petition at ¶¶ 2, 22, 25, 26.
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-00650-UNJ Document 47 Filed 01/02/24 Page 2 of 2
On November 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 agrees that “petitioner’s alleged injury is consistent
with 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 4. Respondent further
agrees that the records demonstrate that Petitioner suffered the residual effects of his
condition for more than six months and has satisfied all legal prerequisites for
compensation under the 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-00650-1
Date issued/filed: 2024-04-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/08/2024 ) regarding 51 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00650-UNJ Document 58 Filed 04/11/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0650V
MICHAEL SWEENEY, Chief Special Master Corcoran
Petitioner, Filed: March 8, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Rhonda Lorenz-Pignato, Shannon Law Group, PC, Woodridge, IL, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 12, 2021, Michael Sweeney 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 July 14, 2022, Petitioner filed an amended petition. Petitioner alleges
that he suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting
from an influenza vaccine received on or about November 24, 2019. Amended Petition at
1. Petitioner further alleges that the vaccine was administered in the United States, he
suffered residual effects of his injury for more than six months, and neither Petitioner, nor
any other party, has ever filed an action or received compensation in the form of an award
or settlement for Petitioner’s vaccine-related injury. Amended Petition at ¶¶ 2, 22, 25, 26.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
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-00650-UNJ Document 58 Filed 04/11/24 Page 2 of 5
On November 16, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On March 8, 2024, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $41,000.00,
plus funds to satisfy a Medicaid lien. 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 the
following:
A. A lump sum payment of $41,000.00 (in pain and suffering) in the form of a
check payable to Petitioner; and
B. A lump sum payment of $388.06, representing compensation for satisfaction
of the State of Illinois Medicaid lien, in the form of a check payable jointly to
Petitioner and:
Equian
P.O. Box 182643
Columbus, OH 43218-2643
Federal Tax Identification Number 27-0083277
The Equian Event ID associated with this case is 68360259.
Petitioner agrees to endorse the check to Equian for satisfaction of the
Medicaid lien.
These amounts represent 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-00650-UNJ Document 58 Filed 04/11/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MICHAEL SWEENEY, )
)
Petitioner, )
) No. 21-650V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 12, 2021, Michael Sweeney (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
-34 (“Vaccine Act” or “Act”), as amended, alleging that he suffered from a left shoulder injury
related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination
received on November 24, 2019. See Petition at 1-2. On November 16, 2023, the Secretary of
Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is
appropriate for compensation under the terms of the Act. ECF No. 43. On November 16, 2023,
Chief Special Master Corcoran issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 44.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $41,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00650-UNJ Document 58 Filed 04/11/24 Page 4 of 5
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of Illinois
Medicaid lien in the amount of $388.06, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of Illinois may have against any
individual as a result of any Medicaid payments the State of Illinois has made to or on behalf of
petitioner from the date of his eligibility for benefits through the date of judgment in this case as
a result of his alleged vaccine-related injury suffered on or about November 24, 2019 under Title
XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. 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 following1:
A. A lump sum payment of $41,000.00 in the form of a check payable to petitioner; and
B. A lump sum payment of $388.06, representing compensation for satisfaction of the
State of Illinois Medicaid lien, in the form of a check payable jointly to petitioner
and:
Equian2
P.O. Box 182643
Columbus, OH 43218-2643
Federal Tax Identification Number 27-0083277
1 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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2 The Equian Event ID associated with this case is 68360259.
2

Case 1:21-vv-00650-UNJ Document 58 Filed 04/11/24 Page 5 of 5
Petitioner agrees to endorse the check to Equian for satisfaction of the Medicaid lien.
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
/s/ Meghan R. Murphy
MEGHAN R. MURPHY
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) 616-4264
meghan.r.murphy@usdoj.gov
DATED: March 8, 2024
3