VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00653
Package ID: USCOURTS-cofc-1_21-vv-00653
Petitioner: Sean M. Sullivan
Filed: 2022-02-16
Decided: 2022-09-12
Vaccine: influenza (flu)
Vaccination date: 2020-09-16
Condition: vasovagal syncope and secondary facial and dental injuries
Outcome: compensated
Award amount USD: 126130

AI-assisted case summary:
Sean M. Sullivan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered vasovagal syncope shortly after receiving an influenza vaccine on September 16, 2020. The syncopal event resulted in facial, mandibular, and dental trauma, including multiple jaw fractures, loss of teeth, and a chin laceration. The respondent conceded that Mr. Sullivan met the criteria for vasovagal syncope as a Table injury, which requires loss of consciousness within one hour after vaccination. A ruling on entitlement was issued on February 16, 2022, finding Mr. Sullivan entitled to compensation for his syncope and related facial and dental injuries. Subsequently, on August 5, 2022, the respondent filed a proffer on award of compensation, recommending a total award of $126,130.27, comprised of $110,000.00 for pain and suffering and $16,130.27 for unreimbursed expenses. Mr. Sullivan, a competent adult, agreed with the proffered award. The Chief Special Master issued a decision awarding the full proffered amount on September 12, 2022.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00653-0
Date issued/filed: 2022-03-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/16/2022) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-00653-UNJ Document 32 Filed 03/21/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-653V
UNPUBLISHED
SEAN M. SULLIVAN, Chief Special Master Corcoran
Petitioner, Filed: February 16, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Vasovagal Syncope
Respondent.
Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 12, 2022, Sean M. Sullivan 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 sustained facial, mandibular, and dental trauma
after suffering a syncopal event shortly after receiving the influenza (flu) vaccination on
September 16, 2020, and resulting in multiple jaw fractures, loss of teeth, and a chin
laceration that required sutures. Petition at 1-2. Petitioner further alleges that he received
the vaccination within the United States, the vaccine-related sequela required more than
six months of treatment, and that neither he, nor anyone on his behalf, has received nor
collected an award or settlement of any civil action for damages for his vaccine-related
injuries. Petition at 2, 6. 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-00653-UNJ Document 32 Filed 03/21/22 Page 2 of 2
On January 24, 2022, 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 determined that “[P]etitioner has satisfied the criteria set forth
in the Table and the Qualifications and Aids to Interpretation (“QAI”) for vasovagal
syncope following flu vaccination, which require that [P]etitioner establish a loss of
consciousness within one hour after administration of the flu vaccine.” Id. at 6.
Respondent further agrees that the scope of damages to be awarded is limited to
petitioner’s syncope and its related sequelae only. 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-00653-1
Date issued/filed: 2022-09-12
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/05/2022) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00653-UNJ Document 43 Filed 09/12/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-653V
UNPUBLISHED
SEAN M. SULLIVAN, Chief Special Master Corcoran
Petitioner, Filed: August 5, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Vasovagal
Syncope
Respondent.
Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 12, 2022, Sean M. Sullivan 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 sustained facial, mandibular, and dental trauma
after suffering a syncopal event shortly after receiving the influenza (flu) vaccination on
September 16, 2020, and resulting in multiple jaw fractures, loss of teeth, and a chin
laceration that required sutures. Petition at 1-2. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 16, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for vasovagal syncope and secondary facial and dental injuries.
On August 5, 2022, Respondent filed a proffer on award of compensation (“Proffer”)
indicating Petitioner should be awarded $126,130.27 (comprised of $110,000.00 for pain
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-00653-UNJ Document 43 Filed 09/12/22 Page 2 of 5
and suffering and $16,130.27 for unreimbursed expenses). Proffer at 1. 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 $126,130.27 (comprised of $110,000.00 for pain and suffering and
$16,130.27 for unreimbursed 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-00653-UNJ Document 43 Filed 09/12/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SEAN M. SULLIVAN,
Petitioner,
No. 21-653V
v. Chief Special Master Corcoran
SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 12, 2021, Sean M. Sullivan (“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 (“Vaccine Act” or “Act”). Petitioner alleges that he suffered vasovagal
syncope and secondary facial and dental injuries after an influenza (“flu”) vaccine he received on
September 16, 2020. Petition at 1.
On January 24, 2022, respondent filed his Vaccine Rule 4(c) report, recommending that
compensation be awarded. ECF No. 28. On February 16, 2022, this Court issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 29.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $126,130.27, consisting of
$110,000.00 for pain and suffering and $16,130.27 for unreimbursed expenses. This represents
all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-
15(a). Petitioner agrees.

Case 1:21-vv-00653-UNJ Document 43 Filed 09/12/22 Page 4 of 5
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 following:1 a lump sum payment of $126,130.27, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Sean M. Sullivan.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Sean M. Sullivan: $126,130.27.
Respectfully submitted,
BRIAN BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
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 lost earnings
and future pain and suffering.
2

Case 1:21-vv-00653-UNJ Document 43 Filed 09/12/22 Page 5 of 5
s/ Jennifer A. Shah
Jennifer A. Shah
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) 305-2181
Jennifer.shah@usdoj.gov
Dated: August 5, 2022
3