# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1765 V UNPUBLISHED

ROLAND O ’ CONNOR

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: May 9, 2022

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Traci R. Patton , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On December 4, 2020

, Roland O’Connor 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 left shoulder injuries related to vaccine administration (“SIR VA”) as a result of an influenza vaccine received on October 18,
2019 . Petition at 1

. Petitioner further alleges that he received the vaccine in the United States, his injuries persisted for more than six months, and neither he, nor any other part y
, has ever received compensation in the form of an award or settlement, or filed any action,
for his vaccine

- related injury . Petition at ¶¶ 2, 8

- 10

. T he case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 4, 2022

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On May 6, 2022

, R espondent filed a p roffer on a ward of

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision 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 f its 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 secti on references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

compensation (“Proffer”) indicating P etitioner should be awarded $ 77,500.00

. Proffer at
1

. In the Proffer, R espondent represented that P etitioner agrees with the proffered award.
Id. Based on the record as a whole, I find that P etitioner is entitled to an award as stated
in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump sum payment of $ 77,500.00 (representing pain and s uffering) in the form of a check payable to P etitioner

. This amount represents compensation for all damages that w ould
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.1 IN THE UNITED STATES CO URT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

ROLAND O’CONNOR,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) No. 20-1765V Chief Special Master Corcoran

SPU
ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On December 4, 2020, Roland O’Connor (“peti tioner”) filed a petition for compensation

(“Petition”) under the National Ch ildhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to

-34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that he suffered a Shoulder Injury

Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine

administered to him on October 18, 2019. On Ap ril 1, 2022, respondent filed his Vaccine Rule

4(c) report, recommending that compensati on be awarded, and on April 4, 2022, the Chief

Special Master issued a Ruling on Entitlement fi nding petitioner entitled to compensation. ECF

No. 23; ECF No. 24.

I. Items of Compensation

A. Pain and suffering

Respondent proffers that petitioner should be awarded $77,500.00 in pain and suffering.

See 42 U.S.C. § 300aa-15(a)(4 ). Petitioner agrees.

This amount represent all elements of compen sation to which petiti oner is entitled under

42 U.S.C. § 300aa-15(a). Petitioner agrees.2 II. Form of the Award

Petitioner is a competent adult. Evidence of guardianship is not requ ired in this case.

Respondent recommends that the compensation pr ovided to petitioner sh ould be made through a

lump sum payment as described below and request s that the Chief Special Master’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $77,500.00, in the form of a

check payable to petitioner, Roland O’Connor.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to pet itioner, Roland O’Connor: $77,500.00.

Respectfully submitted,

BRIAN M. BOYNTON Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

ALEXIS B. BABCOCK
Assistant Director Torts Branch, Civil Division

1 Should petitioner die prior to entry of judgment, the parties rese rve the right to move the Court for appropriate relief. In particular, responde nt would oppose any award for future pain and suffering.3 s/ Traci R. Patton
TRACI R. PATTON
Assistant Director Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146
Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 353-1589 E-mail: Traci.Patton@usdoj.gov

Dated: May 6, 2022