In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 20-0642V 

UNPUBLISHED 

RICHARD IACONELLI, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: May 12, 2022 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA) 

 

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. 

Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent. 

DECISION AWARDING DAMAGES1

 On May 26, 2020, Richard Iaconelli 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 left shoulder injury related to 

vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered 

on September 14, 2017. Petition at 1. The case was assigned to the Special Processing 

Unit of the Office of Special Masters. 

On February 14, 2022, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation. On May 12, 2022, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded a total of $77,500.00 for 

pain and suffering. 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. 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

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

sum payment of $77,500.00 (for 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

RICHARD IACONELLI, 

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES, 

Respondent.

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No. 20-642V 

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On May 26, 2020, Richard Iaconelli (“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 a seasonal 

influenza vaccine he received on September 14, 2017. Petition at 1. On February 14, 2022, 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 the same day, the Chief Special Master issued a Ruling on Entitlement finding petitioner 

entitled to compensation. ECF No. 31; ECF No. 32. 

I. Items of Compensation

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.
2 

These amounts represent 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 following1: a lump sum payment of $77,500.00, in the form of a 

check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Richard Iaconelli: $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

 

 DARRYL R. WISHARD

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 lost earnings 

and future pain and suffering.
3 

s/ Matthew L. Murphy 

 Matthew L. Murphy

 Trial Attorney

 Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

(202) 616-4840

 matthew.murphy@usdoj.gov

DATED: May 12, 2022