VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00850
Package ID: USCOURTS-cofc-1_22-vv-00850
Petitioner: William Jones
Filed: 2022-08-03
Decided: 2024-05-20
Vaccine: influenza
Vaccination date: 2020-10-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 77500

AI-assisted case summary:
William Jones filed a petition for compensation under the National Vaccine Injury Compensation Program on August 3, 2022, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 22, 2020. The respondent filed a Rule 4(c) report on November 1, 2023, conceding that Mr. Jones'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 November 2, 2023, finding Mr. Jones entitled to compensation. Subsequently, on April 16, 2024, the respondent filed a proffer on the award of compensation, proposing a payment of $77,500.00 for pain and suffering, which Mr. Jones agreed to. In a Decision Awarding Damages dated May 20, 2024, Chief Special Master Corcoran awarded William Jones a lump sum payment of $77,500.00 in pain and suffering, representing all damages available under Section 15(a) of the Vaccine Act. The award was to be made in the form of a check payable to William Jones. Petitioner's counsel was Jerome A. Konkel of Samster, Konkel & Safran, S.C., and respondent's counsel was Austin Joel Egan of the U.S. Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner William Jones alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 22, 2020. The respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. The public text does not detail the specific mechanism of injury, expert testimony, or competing medical theories. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 2, 2023, finding Petitioner entitled to compensation. On April 16, 2024, Respondent filed a proffer for an award of $77,500.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran awarded this amount as a lump sum payment on May 20, 2024. Petitioner was represented by Jerome A. Konkel, and Respondent was represented by Austin Joel Egan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00850-0
Date issued/filed: 2023-12-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/02/2023) regarding 24 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00850-UNJ Document 26 Filed 12/04/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0850V
WILLIAM JONES, Chief Special Master Corcoran
Petitioner, Filed: November 2, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 3, 2022, William Jones 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 administered on
October 22, 2020. Petition at 3. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On November 1, 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-00850-UNJ Document 26 Filed 12/04/23 Page 2 of 2
with SIRVA as defined by the Vaccine Injury Table.” Id. at 3. 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-00850-1
Date issued/filed: 2024-05-20
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/18/2024) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00850-UNJ Document 38 Filed 05/20/24 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0850V
WILLIAM JONES, Chief Special Master Corcoran
Petitioner, Filed: April 18, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jubaile Abila, Growth Law Firm, S.C., Brookfield, WI, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 3, 2022, William Jones 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 22, 2020. Petition at 3. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 2, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On April 16, 2024, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $77,500.00 in
pain and suffering. Proffer at 1. 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 1:22-vv-00850-UNJ Document 38 Filed 05/20/24 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $77,500.00 in pain and suffering 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-00850-UNJ Document 38 Filed 05/20/24 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
WILLIAM JONES, )
)
Petitioner, )
) No. 22-850V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER OF DAMAGES
On August 3, 2022, William Jones (“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 Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
(“flu”) vaccine he received on October 22, 2020. Pet. at 3. On November 1, 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
November 2, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner is
entitled to compensation. ECF Nos. 23-24.
I. Items of Compensation
Based on the evidence of record, respondent proffers that petitioner should be awarded
$77,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
1

Case 1:22-vv-00850-UNJ Document 38 Filed 05/20/24 Page 4 of 4
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 $77,500.00, in the form of a
check payable to William Jones.
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ AUSTIN J. EGAN
Austin J. Egan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 451-7479
Austin.J.Egan@usdoj.gov
Date: April 16, 2024
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