In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1765V

UNPUBLISHED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 DAMAGES1

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 (“SIRVA”) 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 party, 

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. The 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 Petitioner entitled to 

compensation for SIRVA. On May 6, 2022, Respondent filed a proffer on award of 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012).
2

compensation (“Proffer”) indicating Petitioner should be awarded $77,500.00. Proffer at 

1. 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.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump 

sum payment of $77,500.00 (representing pain and suffering) in the form of a check 

payable 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.
1 

IN THE UNITED STATES COURT 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 (“petitioner”) filed a petition for compensation 

(“Petition”) under the National Childhood 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 April 1, 2022, respondent filed his Vaccine Rule 

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

Special Master issued a Ruling on Entitlement finding 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 compensation to which petitioner 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 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 $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 petitioner, 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 reserve the right to move the Court 

for appropriate relief. In particular, respondent 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