VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00267
Package ID: USCOURTS-cofc-1_24-vv-00267
Petitioner: Daniel Swinton
Filed: 2024-02-21
Decided: 2025-02-18
Vaccine: influenza
Vaccination date: 2022-10-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 88054

AI-assisted case summary:
Daniel Swinton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine he received on October 17, 2022, resulted in a shoulder injury related to vaccine administration (SIRVA). He further alleged that he suffered residual effects of this injury for more than six months. The respondent conceded that Mr. Swinton's injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that his pain occurred within forty-eight hours after vaccination, was limited to the injection shoulder, and no other condition explained the pain. The respondent also agreed that Mr. Swinton suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on October 21, 2024, finding Mr. Swinton entitled to compensation. Subsequently, on January 14, 2025, the respondent filed a proffer on award of compensation, recommending a total award of $88,054.40, consisting of $87,500.00 for pain and suffering and $554.40 for past unreimbursed expenses. Mr. Swinton agreed with this proffered award. On February 18, 2025, the Chief Special Master issued a decision awarding Mr. Swinton the stipulated lump sum of $88,054.40.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00267-0
Date issued/filed: 2024-11-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/21/2024) regarding 18 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:24-vv-00267-UNJ Document 20 Filed 11/21/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0267V
DANIEL SWINTON, Chief Special Master Corcoran
Petitioner,
v. Filed: October 21, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Ilana Sherry Greenberg, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 21, 2024, Daniel Swinton 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 the influenza (“flu”) vaccine that he received on
October 17, 2022, resulted in a shoulder injury related to vaccine administration
(“SIRVA”). Petition at 1. Petitioner further alleges that he suffered the residual effects of
his injury for more than six months. Petition at 3. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 21, 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 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 1:24-vv-00267-UNJ Document 20 Filed 11/21/24 Page 2 of 2
1. Specifically, Respondent states, “that petitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history of
pain, inflammation, or dysfunction of his left shoulder prior to vaccination; pain occurred
within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced
range of motion was limited to the shoulder in which the vaccine was administered; and
no other condition or abnormality has been identified to explain petitioner’s shoulder pain.”
Id. at 3. Respondent further agrees that Petitioner suffered the residual effects of his
condition for more than six months and that based on the record as it now stands,
Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. 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_24-vv-00267-1
Date issued/filed: 2025-02-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/16/2025) regarding 30 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00267-UNJ Document 34 Filed 02/18/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0267V
DANIEL SWINTON,
Chief Special Master Corcoran
Petitioner,
v. Filed: January 16, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Ilana Sherry Greenberg, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 21, 2024, Daniel Swinton 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 he received on October
17, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 21, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation. On January 14, 2025, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $88,054.40,
consisting of $87,500.00, in pain and suffering, and $554.40, in past unreimbursed
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 1:24-vv-00267-UNJ Document 34 Filed 02/18/25 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 $88,054.40, (consisting of $87,500.00, in pain and suffering, and
$554.40, in past unreimbursed expenses) to be paid through an ACH deposition to
Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:24-vv-00267-UNJ Document 34 Filed 02/18/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DANIEL SWINTON,
Petitioner,
No. 24-267V
Chief Special Master Corcoran
v.
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 21, 2024, Daniel Swinton (“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 vaccine she received on October 17, 2022. Petition at 1. On October 21, 2024, 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 the same day, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 17; ECF No. 18.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $87,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00267-UNJ Document 34 Filed 02/18/25 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 $554.40. 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 $88,054.40 to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Daniel Swinton: $88,054.40
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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 1:24-vv-00267-UNJ Document 34 Filed 02/18/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI PATON
Assistant Director
Torts Branch, Civil Division
/s/ Ilana S. Greenberg
ILANA S. GREENBERG
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 514-0372
Email: Ilana.Greenberg@usdoj.gov
DATED: January 14, 2025
3