VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00628 Package ID: USCOURTS-cofc-1_25-vv-00628 Petitioner: Daniel Brennan Filed: 2025-04-11 Decided: 2026-01-05 Vaccine: influenza Vaccination date: 2023-10-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 112500 AI-assisted case summary: On April 11, 2025, Daniel Brennan filed a petition alleging that an influenza vaccine administered on October 18, 2023 caused a shoulder injury related to vaccine administration. Respondent conceded entitlement, agreeing that the record satisfied the Table SIRVA criteria. Mr. Brennan had no prior pain, inflammation, or dysfunction in the affected shoulder that would explain the post-vaccination findings; pain began within 48 hours; pain and reduced range of motion were limited to the vaccinated shoulder; no other condition better explained his symptoms; and the injury lasted more than six months. Chief Special Master Brian H. Corcoran found entitlement on October 28, 2025. On January 5, 2026, he adopted respondent's damages proffer and awarded Mr. Brennan $112,500.00 for pain and suffering as a lump sum. Theory of causation field: Influenza vaccine October 18, 2023 causing Table SIRVA; adult, exact age not stated; onset within 48 hours. ENTITLEMENT CONCEDED; COMPENSATED. Key Table facts: no prior affected-shoulder condition, pain within 48 hours, shoulder-limited pain/ROM, no alternative condition, residuals over six months. Award $112,500 pain/suffering. Chief SM Brian H. Corcoran; petition April 11, 2025; entitlement October 28, 2025; damages January 5, 2026. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00628-0 Date issued/filed: 2025-12-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/28/2025) regarding 16 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00628-UNJ Document 20 Filed 12/03/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0628V DANIEL BRENNAN, Chief Special Master Corcoran Petitioner, v. Filed: October 28, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 11, 2025, Daniel Brennan 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”) vaccination received on October 18, 2023. Petition at 1. Petitioner further alleges that he suffered the residual effects of his injury for more than six months. Petition at 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 27, 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 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 1:25-vv-00628-UNJ Document 20 Filed 12/03/25 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 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. Respondent further agrees that Petitioner suffered the residual effects of his condition for more than six months and that he has satisfied all legal prerequisites under the 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_25-vv-00628-1 Date issued/filed: 2026-02-05 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 01/05/2026) regarding 23 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00628-UNJ Document 27 Filed 02/05/26 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0628V DANIEL BRENNAN, Chief Special Master Corcoran Petitioner, Filed: January 5, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 11, 2025, Daniel Brennan 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”) vaccination received on October 18, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 28, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On December 22, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $112,500.00, in pain and suffering. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner 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 1:25-vv-00628-UNJ Document 27 Filed 02/05/26 Page 2 of 5 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $112,500.00, in 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 1:25-vv-00628-UNJ Document 27 Filed 02/05/26 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DANIEL BRENNAN, Petitioner, v. No. 25-628V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On April 11, 2025, Daniel Brennan (“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, 42 C.F.R. § 100.3, as the result of an influenza (“flu”) vaccination received on October 18, 2023. Petition at 1. On October 27, 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 October 28, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 14; ECF No. 15. I. Items of Compensation Pain and Suffering Respondent proffers that petitioner should be awarded $112,500.00 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. Case 1:25-vv-00628-UNJ Document 27 Filed 02/05/26 Page 4 of 5 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 $112,500.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Daniel Brennan: $112,500.00 Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General JONNATHAN D. GUYNN Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:25-vv-00628-UNJ Document 27 Filed 02/05/26 Page 5 of 5 /s/ J. Travis Williamson J. TRAVIS WILLIAMSON 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) 598-1099 Jay.T.Williamson@usdoj.gov DATED: December 22, 2025 3