VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00307 Package ID: USCOURTS-cofc-1_22-vv-00307 Petitioner: Paul Holleran Filed: 2023-09-18 Decided: 2023-10-20 Vaccine: influenza Vaccination date: 2020-10-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 108306 AI-assisted case summary: Paul Holleran filed a petition for compensation under the National Vaccine Injury Compensation Program on September 18, 2023, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 6, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 11, 2023, conceding that Mr. Holleran's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 19, 2023, finding Mr. Holleran entitled to compensation. Subsequently, on October 20, 2023, Chief Special Master Corcoran issued a decision awarding damages. The respondent proffered an award of $108,306.85, which included $105,000.00 for pain and suffering and $3,306.85 for past unreimbursable expenses. The respondent represented that Mr. Holleran agreed to this award. Chief Special Master Corcoran found that Mr. Holleran was entitled to the stipulated lump sum payment and awarded him $108,306.85. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Paul Holleran was represented by Amy A. Senerth of Muller Brazil, LLP, and the respondent was represented by Bridget Corridon of the U.S. Department of Justice. Theory of causation field: Petitioner Paul Holleran alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 6, 2020. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that residual effects lasted more than six months. The case was decided based on this concession, without detailed description of the medical mechanism, specific onset, symptoms, diagnostic tests, or treatments in the public text. Petitioner was represented by Amy A. Senerth (Muller Brazil, LLP) and Respondent by Bridget Corridon (U.S. Department of Justice). Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 19, 2023, and a decision awarding damages on October 20, 2023. The award was a stipulated lump sum of $108,306.85, comprising $105,000.00 for pain and suffering and $3,306.85 for past unreimbursable expenses. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00307-0 Date issued/filed: 2023-10-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/18/2023) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00307-UNJ Document 32 Filed 10/19/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0307V PAUL HOLLERAN, Chief Special Master Corcoran Petitioner, Filed: September 18, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 21, 2022, Paul Holleran 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 (“flu”) vaccine that was administered on October 6, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 11, 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 “has concluded that petitioner’s alleged injury is 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 1:22-vv-00307-UNJ Document 32 Filed 10/19/23 Page 2 of 2 consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-00307-1 Date issued/filed: 2023-10-20 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/18/2023) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00307-UNJ Document 33 Filed 10/20/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0307V PAUL HOLLERAN, Chief Special Master Corcoran Petitioner, Filed: September 18, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 21, 2022, Paul Holleran 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 (“flu”) vaccine that was administered on October 6, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On September 11, 2023, Respondent filed a combined Rule 4(c) Report and proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be awarded $108,306.85 (comprised of $105,000.00 for pain and suffering and $3,306.85 for past unreimbursable expenses). Rule 4/Proffer at 5-6. In 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 1:22-vv-00307-UNJ Document 33 Filed 10/20/23 Page 2 of 2 the Rule 4/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 Rule 4/Proffer, I award Petitioner a lump sum payment of $108,306.85 (comprised of $105,000.00 for pain and suffering and $3,306.85 for past unreimbursable 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