VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00275
Package ID: USCOURTS-cofc-1_15-vv-00275
Petitioner: Maureen McGrath
Filed: 2015-03-17
Decided: 2016-05-03
Vaccine: Tdap
Vaccination date: 2012-08-28
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Maureen McGrath filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered injuries from her Tdap vaccination on August 28, 2012. She claimed to have experienced left shoulder pain and a tendon tear, diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA). The petition stated that her injury resulted in residual effects lasting more than six months. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. McGrath suffered a SIRVA injury causally related to her vaccination and that compensation was appropriate. Based on this concession, the Chief Special Master issued a ruling on entitlement. Subsequently, the parties reached a stipulation for damages. Respondent proffered an award of $82,438.44 for pain and suffering and $2,561.56 for past unreimbursable expenses, totaling $85,000.00. Petitioner agreed to this proffer, and the court issued a decision awarding the stipulated amount. The case was treated as a Table claim, and the award covered all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00275-0
Date issued/filed: 2015-09-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/11/2015) regarding 19 Ruling on Entitlement (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00275-UNJ Document 21 Filed 09/02/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0275V
Filed: August 11, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MAUREEN McGRATH, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus, Diphtheria, Pertussis (“Tdap”)
* Vaccination; Shoulder Injury Related
SECRETARY OF HEALTH * To Vaccine Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio Christopher Toale, PA, Washington, DC, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On March 17, 2015, Maureen McGrath filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that she suffered “injuries resulting from
adverse effects” of her August 28, 2012 Tdap vaccination, including a tendon tear, and
left shoulder pain. Petition at 1, ¶¶ 3, 7. Petitioner further alleges that she experienced
the residual effects of her injury for more than six months, has filed no other action for
this injury, and has received no prior award or settlement for this injury. Petition, ¶¶ 10,
13-14. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On August 10, 2015, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act
of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501
note (2006)). 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-00275-UNJ Document 21 Filed 09/02/15 Page 2 of 2
at 4. Specifically, respondent “concludes that Ms. McGrath suffered an injury of
Shoulder Injury Related to Vaccine Administration, and that the preponderance of the
medical evidence indicates that the injury was casually related to the vaccination.
Therefore, compensation is appropriate.” Id. at 3-4.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00275-1
Date issued/filed: 2016-05-03
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/07/2016) regarding 32 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00275-UNJ Document 36 Filed 05/03/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0275V
Filed: January 7, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MAUREEN MCGRATH, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus, Diphtheria, Pertussis (“Tdap”)
* Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio Christopher Toale, PA, Washington, DC, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 17, 2015, Maureen McGrath filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., [the
“Vaccine Act” or “Program”]. Petitioner alleges that she suffered “injuries resulting from
adverse effects” of her August 28, 2012 Tdap vaccination, including a tendon tear, and
left shoulder pain. Petition at 1, ¶¶ 3, 7. The case was assigned to the Special
Processing Unit (“SPU”) of the Office of Special Masters.
On August 11, 2015, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a Shoulder Injury Related to Vaccine Administration (“SIRVA”). On
January 7, 2016, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $82,438.44 in actual and projected pain and
suffering and $2,561.56 in past unreimbursable expenses for a total award of
$85,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
with the proffered award. Additionally, petitioner’s counsel filed a notice reiterating that
petitioner accepts respondent’s proffer. (ECF 31). Based on the record as a whole, the
undersigned finds 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, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.

Case 1:15-vv-00275-UNJ Document 36 Filed 05/03/16 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner $82,438.44 in actual and projected pain and suffering and $2,561.56 in
past unreimbursable expenses for a lump sum payment of $85,000.00 in the form
of a check payable to petitioner, Maureen McGrath. This amount represents
compensation for all damages that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.2
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2 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.

CCaassee 11::1155--vvvv--0000227755--UUNNJJ DDooccuummeenntt 3306 FFiilleedd 0015//0073//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
MAUREEN MCGRATH, )
)
Petitioner, )
) No. 15-275
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation
For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on August 10, 2015.
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $82,438.44 in actual and projected
pain and suffering. This amount reflects that the award for projected pain and suffering has been
reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to his vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $2,561.56. Petitioner agrees.
C. Lost Wages
The parties agree that based upon the evidence of record, petitioner’s vaccine-related
injury has not impaired her earning capacity. Therefore, respondent proffers that petitioner
1

CCaassee 11::1155--vvvv--0000227755--UUNNJJ DDooccuummeenntt 3306 FFiilleedd 0015//0073//1166 PPaaggee 24 ooff 24
should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-
15(a)(3)(A). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $85,000.00 in the form of a check payable to petitioner.1 This
amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which
petitioner would be entitled.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Tort Branch, Civil Division
ALTHEA W. DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: January 7, 2016 Telephone: (202) 616-7678
1 Should petitioner die before the 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.
2