VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00801 Package ID: USCOURTS-cofc-1_24-vv-00801 Petitioner: David Trainor Filed: 2025-04-15 Decided: 2025-05-16 Vaccine: influenza Vaccination date: 2022-11-30 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 51301 AI-assisted case summary: David Trainor 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 November 30, 2022. He further alleged that the vaccine caused his injury and that he suffered residual effects for more than six months. The respondent denied that Mr. Trainor sustained a SIRVA Table injury, denied that the vaccine caused his shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on April 15, 2025, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Mr. Trainor was awarded a lump sum of $51,301.64 to be paid through an ACH deposit to his counsel's IOLTA account for prompt disbursement. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00801-0 Date issued/filed: 2025-05-16 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 04/15/2025) regarding 22 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00801-UNJ Document 27 Filed 05/16/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-801V DAVID TRAINOR, Chief Special Master Corcoran Petitioner, v. Filed: April 15, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph P. Shannon, Shannon Law Group, PC, Woodridge, IL, for Petitioner. Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On May 23, 2024, David Trainor 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 from a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine he received on November 30, 2022. Pet. He further alleges that the vaccine caused his alleged injury, and that he suffered the residual effects of his alleged injury for more than six months. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused his alleged shoulder injury, or any other injury; and further denies that Petitioner’s current condition is a sequalae of a vaccine-related injury. 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-00801-UNJ Document 27 Filed 05/16/25 Page 2 of 8 Nevertheless, on April 15, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 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 $51,301.64 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation ¶ 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 1:24-vv-00801-UNJ Document 27 Filed 05/16/25 Page 3 of 8 Case 1:24-vv-00801-UNJ Document 27 Filed 05/16/25 Page 4 of 8 Case 1:24-vv-00801-UNJ Document 27 Filed 05/16/25 Page 5 of 8 Case 1:24-vv-00801-UNJ Document 27 Filed 05/16/25 Page 6 of 8 Case 1:24-vv-00801-UNJ Document 27 Filed 05/16/25 Page 7 of 8 Case 1:24-vv-00801-UNJ Document 27 Filed 05/16/25 Page 8 of 8