VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00847
Package ID: USCOURTS-cofc-1_21-vv-00847
Petitioner: Oscar Garner
Filed: 2021-02-03
Decided: 2022-09-21
Vaccine: influenza
Vaccination date: 2018-11-06
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Oscar Garner filed a petition for compensation on February 3, 2021, alleging that he received an influenza vaccination on November 6, 2018, and subsequently suffered from a left shoulder injury related to vaccine administration (SIRVA). He further alleged that his symptoms persisted for more than six months. The respondent conceded that Mr. Garner was entitled to compensation, finding that he met the criteria for a SIRVA Table injury, including having no prior history of shoulder pain, experiencing pain within 48 hours of vaccination, and limiting the symptoms to the vaccinated shoulder. The respondent also agreed that Mr. Garner met the six-month sequelae requirement. Based on this concession and the evidence, the court issued a ruling on entitlement. Subsequently, the parties agreed to a damages award. The court issued a decision awarding Mr. Garner a lump sum of $45,000.00 for all damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00847-0
Date issued/filed: 2022-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/17/2022) regarding 27 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00847-UNJ Document 34 Filed 09/19/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0847V
UNPUBLISHED
OSCAR GARNER, Chief Special Master Corcoran
Petitioner, Filed: August 17, 2022
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)
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 3, 2021, Oscar Garner 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 received an influenza (“flu”) vaccination on
November 6, 2018, and thereafter suffered from a left shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. Petitioner further alleges that he experienced
symptoms of his injury for more than six months. Petition at 5. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On August 16, 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 states that Petitioner has satisfied the criteria set forth in the
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-00847-UNJ Document 34 Filed 09/19/22 Page 2 of 2
Vaccine Injury Table and that he “had no history of pain or dysfunction in his left
shoulder prior to receiving the flu vaccine; pain occurred within 48 hours after receipt of
an intramuscular vaccination; the pain and reduced range of motion were limited to the
shoulder in which the vaccine was administered; and no other condition or abnormality
would explain petitioner’s symptoms.” Id. at 3. Respondent further agrees that Petitioner
has met the six-month sequelae requirement and therefore Petitioner 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-00847-1
Date issued/filed: 2022-09-21
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/18/2022) regarding 29 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00847-UNJ Document 35 Filed 09/21/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0847V
UNPUBLISHED
OSCAR GARNER, Chief Special Master Corcoran
Petitioner, Filed: August 18, 2022
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)
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 3, 2021, Oscar Garner 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 received an influenza (“flu”) vaccination on
November 6, 2018, and thereafter suffered from a left shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 17, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On August 17, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $45,000.00.
Proffer at 1-2. 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.
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-00847-UNJ Document 35 Filed 09/21/22 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $45,000.00, 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-00847-UNJ Document 35 Filed 09/21/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
OSCAR GARNER,
Petitioner,
v. No. 21-847V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On February 3, 2021, Oscar Garner (“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. He alleges that he 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 he received on November 6, 2018. See
Petition. On August 16, 2022, 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. 26. On August 17, 2022, the Chief Special Master issued a ruling on entitlement,
finding that petitioner was entitled to compensation for a SIRVA Table injury. ECF No. 27.
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-00847-UNJ Document 35 Filed 09/21/22 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 $45,000.00, for all damages. 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
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 $45,000.00, in the
form of a check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Oscar Garner: $45,000.00
Respectfully submitted,
BRIAN M. 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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
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-00847-UNJ Document 35 Filed 09/21/22 Page 5 of 5
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: August 17, 2022