VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00769
Package ID: USCOURTS-cofc-1_23-vv-00769
Petitioner: Sean M. O’Malley
Filed: 2023-05-26
Decided: 2024-10-24
Vaccine: influenza
Vaccination date: 2021-10-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 15625

AI-assisted case summary:
Sean M. O’Malley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 7, 2021. He also received a COVID-19 vaccine on the same day. O'Malley claimed the flu vaccine caused his SIRVA and that he experienced residual effects for more than six months. The respondent denied that O'Malley sustained a SIRVA Table injury or that the vaccine caused his condition. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation, awarding O'Malley a lump sum of $15,625.00 for all damages. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00769-0
Date issued/filed: 2024-10-24
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 09/23/2024) regarding 42 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00769-UNJ Document 47 Filed 10/24/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0769V
SEAN M. O’MALLEY, Chief Special Master Corcoran
Petitioner, Filed: September 23, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 26, 2023, Sean M. O’Malley 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 to him on
October 7, 2921. Petition at 1-2; Stipulation, filed at September 20, 2024, ¶¶ 1-4.
Petitioner further alleges that he experienced the residual effects of this condition for more
than six months. Petition at 5; Stipulation at ¶ 4. “Respondent denies that petitioner
sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged
SIRVA, or that the vaccine significantly aggravated a preexisting injury, or any other
injury; and denies that petitioner’s current condition is a sequelae of a vaccine-related
injury.” Stipulation at ¶ 6.
Nevertheless, on September 20, 2024, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
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 1:23-vv-00769-UNJ Document 47 Filed 10/24/24 Page 2 of 8
stipulation reasonable and adopt it as my decision awarding damages, on the terms set
forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $15,625.00, in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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 1:23-vv-00769-UNJ Document 47 Filed 10/24/24 Page 3 of 8
IN THE UNITED STA TES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SEAN M. O'MALLEY,
Petitioner,
v. No. 23-769V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SER VJCES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Scan M. O'Mallcy ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-J0 to 34 (the .. Vaccine
Program"). The petition seeks compensalion for injuries allegedly related lo petitioner's receipt
ofa(n) influenza ("fluj vaccinc9 which vaccine is contained io the Vaccine Injury Table (the
''Table9), 42 C.F.R. § I 00.3(a)
2. Petitioner received a flu vaccine on October 7, 202 J. 1
3. The vaccine was administered within the United States.
4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine
administration ("SIR.VA0) within the time period set forth in the Table following administration
1 On October 7, 2021, petitioner also received a COVID-J 9 vaccine. Vaccines against COVID-
19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. §
100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services
under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d. 247d-6e),
claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be
compensable under the Countermeasures Injury Compensation Program ("CICP;. See 85 Fed.
Reg. IS 198, 1S 202 (March 17 2020).
1

Case 1:23-vv-00769-UNJ Document 47 Filed 10/24/24 Page 4 of 8
oft he vaccine or alternatively that the vaccine significantly aggravated a pre-existing injury.
Petitioner further alleges that petitioner experienced the residual effects of this condition for
more than six months.
S. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of the alleged injury.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused petitioner's alleged SIRVA, or that the vaccine significantly aggravated a pre
existing injury, or any other injury; and denies that petitioner's current condition is a sequelae of
a vaccine-related injury
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compens.ation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflectin1 a decision consistent with
the tenns of this Stipulation, and after pctiiioocr has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a){l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$ 15,625.00 in 1he form ofa check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-1S(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2 I( a)(l ), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees aod costs incurred in proceeding upon this
petition.
2

Case 1:23-vv-00769-UNJ Document 47 Filed 10/24/24 Page 5 of 8
10. Petitioner and petitioner's attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily liable under42 U.S.C. § 300aa-15(g). to the extent that payment has been made or can
reasonably be expected to be made under any State compensation programs. insurance policies,
Federal or State htalth benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.}). or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pwsuant to
paragraph 9 of this Stipulation wiJt be made in accordance with 42 U.S.C. § 300aa-JS(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys funher agree and stipulate that, except for any award
for attomey•s fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict consuuction of4 2 U.$.C. § 300aa-1S(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-1S(g) and (b).
13. In rerum for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or
assigns, (a) does forever jrrevocably and W1COnditionally release, acquit, and discharge the
United States and the Secretary of Health and Human Services from any and all actions or causes
of action (including agreements.judgments, claims. damages, loss of services, expenses, and all
demands of whatever kind or nature) that have been brought. could have been brought, or
hereafter could be timely brouaht in the Court of Federal Claims, under the Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-lO et seq., (i) on account of, or in any way growing
out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
3

Case 1:23-vv-00769-UNJ Document 47 Filed 10/24/24 Page 6 of 8
petitioner resulting from, or that may be alleged to have r~ulted from, the vaccinations
administered on October 7, 2021, and (ii) that petitioner has had, oow has, or hereafter may have
with respect to the injuiy that gave rise to the petition for vaccine compensation filed on or about
May 26, 2023, in the United States Court of Federal Claims as petition No. 23-769V; and (b)
waives any and all rights to any compensation that may be available under the CoWltenneasures
Injury Compensation Program (CICP), 42 U.S.C. § 247d.6e (or an action under 42 U.S.C. §
247d-6d(d)), for a claim alleging that a covered countermeasure, including the COVID-19
vaccination administered on October 7, 2021, on its own or in combination with the flu
vaccination administered on October 7, 2021, caused or seriously aggravated the injuries that
were the subject of the petition for vaccine compensation filed oo or about May 26, 2023, in the
United States Court of Federal Claims as petition 23-769V, including a SIRVA, for which
petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim
currently pending with the CICP, petitioner hereby withdraws such claim for compensation in
the CICP. 2 If no claim for compensation has been filed in the CICP as of the date this
Stipulation is filed, petitioner waives the right to file a claim as descnl>ed in this paragraph for
compensation in the CICP.
14. lf petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the 1erms
of this Stipulation or if the Court or Federal Claims fails to enter judgment in confonnity with a
2 After entry ofj udgment reflecting a decision consistent with the tenns of this Stipulation,
petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's
withdrawal of their CICP claim and waiver of any potential compensation under the CICP.
4

Case 1:23-vv-00769-UNJ Document 47 Filed 10/24/24 Page 7 of 8
decision that is in complete conformity with the tenns of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed W'!der the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part oft he
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award descn"bed in this
Stipulation may reflect a compromise of the patties' ~ive positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admiuion by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner•s alleged SIRVA
or significantly aggravated any other injury or petitioner's current condition, or that petitioner
suffered an injury contained in the Vaccine Injury Table.
18. All rights and obligations ofp etitioner hereunder shall apply equally to petitioner's
heirs, executors. administrato~ successon, and/or assigns.
END OF STIPULATION
I
s

Case 1:23-vv-00769-UNJ Document 47 Filed 10/24/24 Page 8 of 8
Respectfully s11bmittcd.
PETITIONER:
A TIORNEY OF RECORD FOR AUTHORJZED REPRESENTATNE
PEffilONER: OF THE A'ITORNEY GENERAL:
-MJ~~Pai~
EL AB HM. MULDOWNEY HEATHER L. PEARLMAN
SA ANDERSON Deputy Director
PO Box 1998 Torts Branch
Richmond, VA 232 J8 -1998 Civil Division
(804) 783-7227 U.S.DepartmentofJusticc
EMuldowney@sandsanderson.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20()44.0146
AUTHORIZED REPRESENTATIV.E ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S Digitally signed by Jl:ff~
-s• S.8each·S
Beach 0.~202-4.09.1216:29:-43 C4w>aach
-o.w for ~ ,zr(c¢.e
CAPT GEORGE REED GRIMES, MD, MPH THERINE EDWARDS
Director, Division of Injury Trial Attorney
Compensation Programs Tons Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington. DC 20044-0146
5600 Fishers Lane, 08W-25A (202) 742-6374
Rockville. MD 20851 Katherine.Edwards2@usdoj.gov
Dated:~ JO , JOfJd
6