VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01254
Package ID: USCOURTS-cofc-1_21-vv-01254
Petitioner: Gary Neary
Filed: 2021-04-20
Decided: 2022-09-12
Vaccine: meningococcal conjugated vaccine and/or a meningococcal group B vaccine
Vaccination date: 2020-05-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65458

AI-assisted case summary:
Gary Neary filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from a meningococcal vaccine received on May 5, 2020. The petition was filed on April 20, 2021. Respondent conceded that Mr. Neary is entitled to compensation, finding that his claim met the Table criteria for SIRVA. Specifically, Respondent determined that Mr. Neary had no prior shoulder issues, the pain began within 48 hours of the vaccine, the pain and reduced range of motion were limited to the injection site, and no other condition explained his symptoms. The Respondent also confirmed the case was timely filed, the vaccine was administered in the United States, and the injury persisted for more than six months. Based on the concession and the evidence, the Chief Special Master ruled that Mr. Neary was entitled to compensation. A subsequent decision awarded Mr. Neary $65,458.45, comprising $65,000.00 for pain and suffering and $458.45 for out-of-pocket expenses, representing compensation for all damages available under the program.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01254-0
Date issued/filed: 2022-09-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/05/2022) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01254-UNJ Document 25 Filed 09/12/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1254V
UNPUBLISHED
GARY NEARY, Chief Special Master Corcoran
Petitioner, Filed: August 5, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Meningococcal Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On April 20, 2022, Gary Neary 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 that he suffered a shoulder injury related to vaccine
administration (SIRVA) resulting from the adverse effects of a meningococcal conjugated
vaccine and/or a meningococcal group B vaccine received on May 5, 2020. Petition at 1.
Petitioner further alleges that the vaccination was administered within the United States,
his symptoms persisted for more than six months, and neither he, nor any other party,
has ever filed any action, or received or accepted compensation in the form of an award
or settlement for his vaccine-related injury. Petition at 1, 4. 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-01254-UNJ Document 25 Filed 09/12/22 Page 2 of 2
On August 5, 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. Respondent found that Petitioner’s claim meets the Table criteria for SIRVA.
Specifically, Respondent determined that “[P]etitioner had no apparent history of pain,
inflammation or dysfunction of the affected shoulder prior to intramuscular vaccine
administration that would explain the alleged signs, symptoms, examination findings,
and/or diagnostic studies occurring after vaccine injection; he more likely than not
suffered the onset of pain within forty-eight hours of vaccine administration; his pain and
reduced range of motion were limited to the shoulder in which the intramuscular vaccines
were administered; and there is no other condition or abnormality present that would
explain [P]etitioner’s symptoms.” Id. at 3-4. Respondent further agrees that “the case was
timely filed, that the vaccines were received in the United States, and that [P]etitioner
satisfies the statutory severity requirement by suffering the residual effects or
complications of his injury for more than six months after vaccine administration.” 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-01254-1
Date issued/filed: 2022-09-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/05/2022) regarding 21 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01254-UNJ Document 26 Filed 09/12/22 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1254V
UNPUBLISHED
GARY NEARY, Chief Special Master Corcoran
Petitioner, Filed: August 5, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Meningococcal Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On April 20, 2021, Gary Neary 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 that he suffered a shoulder injury related to vaccine
administration (SIRVA) resulting from the adverse effects of a meningococcal conjugated
vaccine and/or a meningococcal group B vaccine received on May 5, 2020. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 5, 2022, Respondent filed a combined Rule 4(c) report and proffer on
award of compensation (“Proffer”). On the same day, a ruling on entitlement was issued,
finding Petitioner entitled to compensation for SIRVA. In the Proffer, Respondent
indicated that Petitioner should be awarded $65,458.45 (comprised of 65,000.00 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-01254-UNJ Document 26 Filed 09/12/22 Page 2 of 2
and suffering and $458.45 for out-of-pocket expenses). Proffer at 4. Also 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 Proffer, I award Petitioner a lump sum
payment of $65,458.45 (comprised of 65,000.00 for pain and suffering and $458.45
for out-of-pocket 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