VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00545
Package ID: USCOURTS-cofc-1_15-vv-00545
Petitioner: Catherine Henry
Filed: 2015-05-28
Decided: 2016-06-01
Vaccine: Tdap
Vaccination date: 2014-06-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 215000

AI-assisted case summary:
Catherine Henry filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on June 3, 2014. The case was assigned to the Special Processing Unit. Respondent conceded that petitioner's injury was consistent with SIRVA, that it was caused-in-fact by the Tdap vaccination, and that no other causes were identified. The records also showed that petitioner suffered the sequelae of her injury for more than six months, satisfying all legal prerequisites for compensation. A ruling on entitlement was issued on October 5, 2015, finding petitioner entitled to compensation. Subsequently, on May 9, 2016, respondent filed a proffer indicating that petitioner should be awarded $215,000.00, an amount to which petitioner agreed. The Chief Special Master issued a decision awarding Catherine Henry a lump sum payment of $215,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00545-0
Date issued/filed: 2016-06-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/09/2016) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00545-UNJ Document 39 Filed 06/01/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0545V
Filed: May 9, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CATHERINE HENRY, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus-Diphtheria-Acellular-Pertussis
* Vaccine (Tdap); Shoulder Injury Related
SECRETARY OF HEALTH * to Vaccine Administration (“SIRVA”):
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, PC, Memphis, TN, for
petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 28, 2015, Catherine Henry (“petitioner”) 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 she suffered a shoulder injury related
to vaccine administration (“SIRVA”) as a result of receiving a tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccine on June 3, 2014. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 5, 2015, a ruling on entitlement was issued, finding petitioner entitled
to compensation. On May 9, 2016, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $215,000.00. Proffer at 1. In the
Proffer, respondent represents that petitioner agrees with the proffered award. Based
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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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.
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-00545-UNJ Document 39 Filed 06/01/16 Page 2 of 4
on the record as a whole, the undersigned finds that petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $215,000.00, in the form of a check payable to
petitioner, Catherine Henry. 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.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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 1:15-vv-00545-UNJ Document 39 Filed 06/01/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CATHERINE HENRY,
Petitioner,
v. No. 15-545V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 5, 2015, respondent filed her Rule 4(c) Report, in which she recommended
that the Court find petitioner entitled to compensation, and on that same date, the Court entered
its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers
that petitioner receive an award of a lump sum of $215,000.00 in the form of a check payable to
petitioner. This amount represents compensation for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner is entitled.1
Petitioner agrees with the proffered award of $215,000.00.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
1 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
1

Case 1:15-vv-00545-UNJ Document 39 Filed 06/01/16 Page 4 of 4
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
Dated: May 9, 2016
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00545-1
Date issued/filed: 2016-09-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/05/2015) regarding 16 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00545-UNJ Document 43 Filed 09/21/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-545V
Filed: October 5, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CATHERINE HENRY, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus-Diphtheria-Acellular-Pertussis
* Vaccine (Tdap); Shoulder Injury Related
SECRETARY OF HEALTH * to Vaccine Administration (SIRVA);
AND HUMAN SERVICES, * Special Processing Unit (SPU).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, PC, Memphis, TN, for
petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 28, 2015, Catherine Henry (“petitioner”) 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 as a result of receiving a tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccine on June 3, 2014, she suffered a shoulder
injury related to vaccine administration (“SIRVA”). Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 5, 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
at 1. Specifically, respondent states that petitioner’s “alleged injury is consistent with
SIRVA; that a preponderance of the evidence establishes her SIRVA was caused-in-
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-00545-UNJ Document 43 Filed 09/21/16 Page 2 of 2
fact by the Tdap vaccination she received on June 3, 2014; and that no other causes for
petitioner’s SIRVA were identified.” Id. at 3. Respondent further states that the records
show that petitioner suffered the sequela of her injury for more than six months. Id.
Thus, respondent states that “petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id.
In view of respondent’s concession and the evidence presented, the
undersigned finds that petitioner is entitled to compensation.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2