VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00550
Package ID: USCOURTS-cofc-1_22-vv-00550
Petitioner: Kevin Heckathorn
Filed: 2022-05-19
Decided: 2023-12-11
Vaccine: influenza
Vaccination date: 2020-09-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75180

AI-assisted case summary:
Kevin Heckathorn filed a petition for compensation under the National Vaccine Injury Compensation Program on May 19, 2022. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on September 20, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 12, 2023, conceding that Mr. Heckathorn'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, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 13, 2023, finding Mr. Heckathorn entitled to compensation. Subsequently, on November 3, 2023, the respondent filed a proffer on the award of compensation, which Mr. Heckathorn agreed to. On December 11, 2023, Chief Special Master Corcoran issued a decision awarding Mr. Heckathorn $75,180.09 in damages. This award consisted of $75,000.00 for pain and suffering and $180.09 for past unreimbursable expenses. The award was to be paid as a lump sum check payable to Mr. Heckathorn, who is a competent adult. The case proceeded as a Table claim, and the parties stipulated to the award amount. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Bridget Corridon of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kevin Heckathorn alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on September 20, 2020. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that the residual effects lasted for more than six months. The case proceeded as a Table claim. No specific medical experts or detailed clinical information regarding the onset, symptoms, diagnostic tests, or treatment were described in the provided public text. The respondent's Rule 4(c) report and subsequent proffer, agreed to by the petitioner, led to an award. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on October 13, 2023, and the decision awarding damages on December 11, 2023. The award totaled $75,180.09, comprising $75,000.00 for pain and suffering and $180.09 for past unreimbursable expenses, paid as a lump sum to the petitioner. Attorneys for petitioner were Jeffrey S. Pop and Bridget Corridon for the respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00550-0
Date issued/filed: 2023-11-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/13/2023) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00550-UNJ Document 30 Filed 11/17/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0550V
KEVIN HECKATHORN, Chief Special Master Corcoran
Petitioner, Filed: October 13, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 19, 2022, Kevin Heckathorn 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
to him on September 20, 2020. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 12, 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 [P]etitioner’s alleged injury is consistent
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-00550-UNJ Document 30 Filed 11/17/23 Page 2 of 2
with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent further agrees
that “[P]etitioner 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_22-vv-00550-1
Date issued/filed: 2023-12-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/06/2023) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00550-UNJ Document 33 Filed 12/11/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0550V
KEVIN HECKATHORN, Chief Special Master Corcoran
Petitioner, Filed: November 6, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 19, 2022, Kevin Heckathorn 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
to him on September 20, 2020. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 13, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On November 3, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $75,180.09
(comprised of $75,000.00 in pain and suffering and $180.09 in past unreimbursable
expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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-00550-UNJ Document 33 Filed 12/11/23 Page 2 of 5
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 $75,180.09 (comprised of $75,000.00 in pain and suffering and
$180.09 in 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

Case 1:22-vv-00550-UNJ Document 33 Filed 12/11/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KEVIN HECKATHORN,
Petitioner,
No. 22-0550V
v.
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 19, 2022, Kevin Heckathorn (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that he suffered a Table shoulder injury related to vaccine
administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on
September 29, 2020. Amended Petition at 1. On October 12, 2023, the Secretary of Health and
Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate
for compensation under the terms of the Act for a SIRVA Table injury, and on October 13, 2023,
the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 22; ECF No. 23.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00550-UNJ Document 33 Filed 12/11/23 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 $180.09. 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
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 following1: a lump sum payment of $75,180.09, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Kevin Heckathorn: $75,180.09
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy 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 1:22-vv-00550-UNJ Document 33 Filed 12/11/23 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Bridget A. Corridon
BRIDGET A. CORRIDON
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station Washington,
D.C. 20044-0146
Tel: (202) 305-4117
Fax: (202) 616-4310
Email: bridget.corridon@usdoj.gov
Date: November 3, 2023
3