VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00851
Package ID: USCOURTS-cofc-1_23-vv-00851
Petitioner: Sean Patrick Regan
Filed: 2023-06-08
Decided: 2024-08-02
Vaccine: influenza
Vaccination date: 2022-09-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 42000

AI-assisted case summary:
Sean Patrick Regan filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on September 26, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Regan is entitled to compensation. The respondent agreed that Mr. Regan's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that he satisfied all legal prerequisites for compensation. Following the ruling on entitlement, the respondent filed a combined Rule 4(c) Report and Proffer, which Mr. Regan agreed to. Based on the record, the court awarded Mr. Regan a lump sum of $42,000.00 for pain and suffering. This amount represents compensation for all damages available under Section 15(a) of the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00851-0
Date issued/filed: 2024-08-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/28/2024) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00851-UNJ Document 27 Filed 08/02/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0851V
SEAN PATRICK REGAN, Chief Special Master Corcoran
Petitioner,
v. Filed: June 28, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Julianna Kober, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 8, 2023, Sean Patrick Regan 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 the result of an influenza (“flu”) vaccine which he received on
September 26, 2022. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On June 27, 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 states that Petitioner’s alleged injury is consistent with SIRVA
as defined by the Vaccine Injury Table (the “Table”). Id. at 4 (citing 42 C.F.R. §§ 100.3(a),
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 1:23-vv-00851-UNJ Document 27 Filed 08/02/24 Page 2 of 2
(c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Act. Id. at 4 -5 (citing Section 13(a)(1)(B); Section 11(c)(1)(D)(i)).
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-00851-1
Date issued/filed: 2024-08-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/28/2024) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00851-UNJ Document 28 Filed 08/02/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0851V
SEAN PATRICK REGAN, Chief Special Master Corcoran
Petitioner,
v. Filed: June 28, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Julianna Kober, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On June 8, 2023, Sean Patrick Regan 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 the result of an influenza (“flu”) vaccine which he received on
September 26, 2022. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On June 27, 2024, Respondent filed a combined Rule 4(c) Report and Proffer in
which he concedes that Petitioner is entitled to compensation in this case. Respondent’s
Rule 4(c) Report and Proffer at 1, 4. On June 28, 2024, I issued a Ruling on Entitlement.
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-00851-UNJ Document 28 Filed 08/02/24 Page 2 of 2
Respondent represents that Petitioner agrees to his proffer on an award of
compensation. Respondent’s Rule 4(c) Report and Proffer at 5. 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 combined Rule 4(c) Report and Proffer,3 I award
the following compensation:
A lump sum of $42,000.00 (for pain and suffering) in the form of a check
payable to Petitioner. Respondent’s Rule 4(c) Report and Proffer at 5. 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal
medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto.
4 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