VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00768
Package ID: USCOURTS-cofc-1_24-vv-00768
Petitioner: Neil Saint
Filed: 2025-01-24
Decided: 2025-04-15
Vaccine: influenza
Vaccination date: 2022-09-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Neil Saint 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 4, 2022. He stated that he received the vaccination in the United States, suffered residual effects for more than six months, and had no prior award or settlement. The respondent conceded that the petitioner is entitled to compensation, agreeing that the injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that Neil Saint had no prior history of shoulder issues, the pain occurred within forty-eight hours of vaccination, and the pain and reduced range of motion were limited to the affected shoulder. The respondent also agreed that the petitioner suffered residual effects for more than six months. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, the respondent filed a proffer on award of compensation, recommending a total of $80,000.00 for pain and suffering, which the petitioner agreed to. The court awarded Neil Saint a lump sum payment of $80,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00768-0
Date issued/filed: 2025-02-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/24/2025) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00768-UNJ Document 23 Filed 02/24/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-768V
NEIL SAINT, Chief Special Master Corcoran
Petitioner, Filed: January 24, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Joseph P. Shannon, Shannon Law Group, Woodridge, IL, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 16, 2024, Neil Saint 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 that he suffered a Table injury – shoulder injury related to
vaccine administration (“SIRVA”) - as the result of influenza (“flu”) vaccine received on
September 4, 2022. Petition at 1. Petitioner further alleges that he received his
vaccination in the United States, that he suffered the residual effects of his injury for more
than six months, and that there has been no prior award or settlement of a civil action on
his behalf as a result of his injury. Petition at ¶¶ 2, 21, 24-25. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
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-00768-UNJ Document 23 Filed 02/24/25 Page 2 of 2
On January 16, 2025, 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 the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”)
has reviewed the petition and medical records filed in this case and has
concluded that compensation is appropriate. DICP has concluded 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 right shoulder prior to vaccination; pain
occurred within forty-eight hours after receipt of an intramuscular
vaccination; pain and reduced ROM were 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 5 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that “[P]etitioner
suffered the residual effects of his condition for more than six months. Therefore, based
on the record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id. (citing U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-
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_24-vv-00768-1
Date issued/filed: 2025-04-15
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/14/2025 ) regarding 26 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00768-UNJ Document 32 Filed 04/15/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0768V
NEIL SAINT,
Chief Special Master Corcoran
Petitioner,
v. Filed: March 14, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Joseph P. Shannon, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 16, 2024, Neil Saint 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 Table injury – shoulder injury related to vaccine
administration (“SIRVA”) - as the result of influenza (“flu”) vaccine received on September 4,
2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On January 24, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation. On March 14, 2025, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $80,000,00 for
pain and suffering. Proffer at 1-2. 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 1:24-vv-00768-UNJ Document 32 Filed 04/15/25 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $80,000.00 (for pain and suffering), to be paid through an ACH
deposit 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-00768-UNJ Document 32 Filed 04/15/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
NEIL SAINT, )
)
Petitioner, )
)
v. ) No. 24-768V
) Chief Special Master Corcoran (SPU)
SECRETARY OF ) ECF
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 16, 2024, Neil Saint (“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 he received on September 4, 2022. Petition at 1. On January 16, 2025, 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
January 24, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation.1 ECF No. 17; ECF No. 20.
1 On September 4, 2022, petitioner also received a COVID-19 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. 15198, 15202 (March 17, 2020).

Case 1:24-vv-00768-UNJ Document 32 Filed 04/15/25 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $80,000.00 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.
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:2,3 a lump sum of $80,000.00 to be paid through an
ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Neil Saint: $80,000.00
2 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.
3 The entry of judgment awarding the compensation described herein in a Decision of the Special
Master, resolves 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 brought against the
United States and the Secretary of Health and Human Services in the Court of Federal Claims,
under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., (a) 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 petitioner that resulted from, or that may be alleged
to have resulted from, the vaccinations identified herein, and (b) that petitioner has had, now has,
or hereafter may have with respect to the injury that gave rise to the petition for vaccine
compensation filed in the United States Court of Federal Claims as petition No. 24-768V.
2

Case 1:24-vv-00768-UNJ Document 32 Filed 04/15/25 Page 5 of 5
Respectfully submitted,
YAAKOV M. ROTH
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/ Kimberly S. Davey
KIMBERLY S. DAVEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 307-1815
E-mail: kimberly.davey@usdoj.gov
Dated: March 13, 2025
3