VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00730
Package ID: USCOURTS-cofc-1_23-vv-00730
Petitioner: T.R.
Filed: 2023-05-17
Decided: 2025-01-07
Vaccine: influenza
Vaccination date: 2021-10-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 67500

AI-assisted case summary:
T.R., an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on May 17, 2023. He alleged that an influenza vaccine he received on October 21, 2021, caused a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that T.R. is entitled to compensation. The respondent agreed that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that T.R. had met all legal prerequisites for compensation. A Ruling on Entitlement was issued on July 29, 2024, finding T.R. entitled to compensation. Subsequently, on October 28, 2024, the respondent filed a Proffer on Award of Compensation, which T.R. agreed to. Based on this proffer, T.R. was awarded a lump sum of $67,500.00 for pain and suffering. This award represents all elements of compensation to which T.R. is entitled under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00730-0
Date issued/filed: 2024-10-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/29/2024) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00730-UNJ Document 37 Filed 10/28/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0730V
T.R., Chief Special Master Corcoran
Petitioner,
v. Filed: July 29, 2024
Refiled as Redacted: October 28,
SECRETARY OF HEALTH AND 2024
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 17, 2023, T.R. filed a petition for compensation under the National Vaccine
Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (the “Vaccine Act”).
1
Petitioner alleges that as a result of an influenza (“flu”) vaccine which he received on
October 21, 2021, he suffered a Table shoulder injury related to vaccine administration
(“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 25, 2024, 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 agrees that Petitioner’s alleged injury is consistent with SIRVA
as defined by the Vaccine Injury Table. Id. at 9 (citing 42 C.F.R. §§ 100.3(a), (c)(10)).
Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. Id.
1 When this Ruling was originally filed, I advised my intent to post it 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). In accordance with Vaccine Rule 18(b), Petitioner filed a timely motion to redact certain
information. This Ruling is being reissued with reduction of Petitioner’s full name down to his initials throughout
the Ruling on Entitlement and in the case caption. Except for those changes and this footnote, no other
substantive changes have been made. This Ruling will be posted on the court’s website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, with no further opportunity to move for
redaction.

Case 1:23-vv-00730-UNJ Document 37 Filed 10/28/24 Page 2 of 2
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_23-vv-00730-2
Date issued/filed: 2025-01-07
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/29/2024) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00730-UNJ Document 44 Filed 01/07/25 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0730V
T.R., Chief Special Master Corcoran
Petitioner,
v. Filed: October 29, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On May 17, 2023, T.R. filed a petition for compensation under the National Vaccine
Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (the “Vaccine Act”).
1
Petitioner alleges that as a result of an influenza vaccine received on October 21, 2021,
he suffered a Table shoulder injury related to vaccine administration (“SIRVA”). Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On July 29, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On October 28, 2024, Respondent filed a Proffer on award of
compensation (“Proffer”). Respondent represented that Petitioner agrees with the
proffered award. Id. at 2. 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.

Case 1:23-vv-00730-UNJ Document 44 Filed 01/07/25 Page 2 of 4
Pursuant to the terms stated in the Proffer, I award the following compensation:
A lump sum of $67,500.00 (for pain and suffering) in the form of a check
payable to Petitioner. Proffer at 2. This amount represents compensation for all
damages that would be available under Section 15(a). Id.
The Clerk of Court is directed to enter judgment in accordance with this decision.2
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2 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 1:23-vv-00730-UNJ Document 44 Filed 01/07/25 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
T.R.,
Petitioner,
v. No. 23-730V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 17, 2023, T.R. (“petitioner”) filed a petition for compensation under the National
Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C.
§§ 300aa-1 to -34, alleging that he suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine that he received on October 21, 2021. ECF No. 1 at 1. On July 25, 2024, respondent
filed a Rule 4(c) Report, recommending that compensation be awarded. ECF No. 28. On July
29, 2024, Chief Special Master Corcoran issued a Ruling on Entitlement, agreeing with
respondent that petitioner’s claim meets the Table criteria for SIRVA. ECF No. 29.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $67,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. §300aa-15(a). Petitioner agrees.

Case 1:23-vv-00730-UNJ Document 44 Filed 01/07/25 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 following:1
a. A lump sum payment of $67,500.00, in the form of a check payable to petitioner.
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
VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
/s/ Neil Bhargava
NEIL BHARGAVA
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) 305-3989
Email: neil.bhargava@usdoj.gov
Dated: October 28, 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