VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00966
Package ID: USCOURTS-cofc-1_21-vv-00966
Petitioner: Thomas K. O'Connor
Filed: 2021-02-19
Decided: 2025-08-25
Vaccine: influenza
Vaccination date: 2020-12-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 106494.15

AI-assisted case summary:
On February 19, 2021, Thomas K. O'Connor filed a petition alleging that an influenza vaccination administered on December 21, 2020 caused a shoulder injury related to vaccine administration. The case was assigned to the Special Processing Unit.

Respondent conceded entitlement in a Rule 4(c) report, agreeing that Mr. O'Connor's injury met the Table SIRVA criteria: no prior shoulder pain, onset within 48 hours, pain limited to the vaccinated shoulder, no other condition explaining the pain, and residual effects lasting more than six months. Chief Special Master Brian H. Corcoran entered entitlement on October 23, 2023.

The public damages decision is a proffer/stipulation and does not set out a detailed clinical course. On August 25, 2025, the Special Master awarded $106,494.15, consisting of $100,000 for pain and suffering and $6,494.15 for past unreimbursable expenses. Mr. O'Connor was represented by Robert J. Krakow.

Theory of causation field:
Influenza vaccine on December 21, 2020, adult exact age not stated, causing Table SIRVA. COMPENSATED. Respondent conceded no prior shoulder condition, onset within 48 hours, pain limited to the vaccinated shoulder, no other explanatory condition, and residual effects over six months. Award $106,494.15: $100,000 pain and suffering plus $6,494.15 past unreimbursable expenses. Chief Special Master Corcoran, entitlement October 23, 2023, damages August 25, 2025. Attorney: Robert J. Krakow, New York NY.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00966-0
Date issued/filed: 2023-11-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/23/2023) regarding 93 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00966-UNJ Document 95 Filed 11/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0966V
THOMAS K. O’CONNOR, Chief Special Master Corcoran
Petitioner, Filed: October 23, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 19, 2021, Thomas K. O’Connor 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 December
21, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 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 states that “Petitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table. Specifically, Petitioner had no history of
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-00966-UNJ Document 95 Filed 11/27/23 Page 2 of 2
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 “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-00966-1
Date issued/filed: 2025-09-25
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/25/2025) regarding 145 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00966-UNJ Document 150 Filed 09/25/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0966V
THOMAS K. O’CONNOR, Chief Special Master Corcoran
Petitioner, Filed: August 25, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 19, 2021, Thomas K. O’Connor 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 December 21,
2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On October 23, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his SIRVA. On August 22, 2025, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $106,494.15,
comprised of $100,000.00 for pain and suffering and $6,494.15 for past unreimbursed
expenses. 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 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-00966-UNJ Document 150 Filed 09/25/25 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $106,494.15, comprised of $100,000.00 for pain and suffering and
$6,494.15 for past reimbursed expenses, to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement 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-00966-UNJ Document 150 Filed 09/25/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
THOMAS K. O’CONNOR,
Petitioner,
v. No. 21-966V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 19, 2021, Thomas K. O’Connor (“petitioner”) filed a petition for
compensation under the National Childhood Vaccine Injury Act. See 42 U.S.C. §§ 300aa-1
to -34, as amended (“Vaccine Act”). Petitioner alleges that he suffered from a shoulder injury
related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table (“Table”),
following the administration of the influenza (“flu”) vaccine on December 21, 2020. 42 C.F.R.
§ 100.3(a)(XIV)(B); Petition at 1. On October 16, 2023, the Secretary of Health and Human
Services (“respondent”) filed a Rule 4(c) Report conceding entitlement to compensation under
the terms of the Act for a SIRVA Table injury, and, on October 23, 2023, the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 92-
93.
I. Items of Compensation
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$100,000.00 for pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00966-UNJ Document 150 Filed 09/25/25 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $6,494.15. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that compensation provided to petitioner should be made
through one lump sum payment and requests that the Chief Special Master’s decision and the
Court’s judgment award the following:1 a lump sum payment of $106,494.15 to be paid through
an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
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-00966-UNJ Document 150 Filed 09/25/25 Page 5 of 5
/s/ Felicia D. Langel
FELICIA D. LANGEL
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) 451-7659
felicia.d.langel@usdoj.gov
DATED: August 22, 2025
3