VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01480
Package ID: USCOURTS-cofc-1_16-vv-01480
Petitioner: Erin McLane
Filed: 2017-04-19
Decided: 2018-04-12
Vaccine: Tdap
Vaccination date: 2016-02-03
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 132500

AI-assisted case summary:
Erin McLane filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on February 3, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that petitioner was entitled to compensation. The respondent stated that McLane's left shoulder injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused in fact by the Tdap vaccine. The respondent did not identify any other causes for the injury and noted that McLane suffered the sequelae of her injury for more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master found McLane entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, indicating that McLane should be awarded $132,500.00, which represented all elements of compensation to which she would be entitled under the Vaccine Act. McLane agreed with the proffered award. The court awarded McLane a lump sum payment of $132,500.00 in the form of a check payable to her, representing compensation for all damages.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01480-0
Date issued/filed: 2017-12-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/19/2017) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01480-UNJ Document 32 Filed 12/08/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1480V
Filed: April 19, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ERIN MCLANE, *
*
Petitioner, * Ruling on Entitlement (Non-Table);
* Concession; Tetanus-diphtheria-
v. * acellular pertussis (“Tdap”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher PA, for petitioner.
Ann D. Martin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 9, 2016, Erin McLane (“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” or “Program”). Petitioner alleges that she
suffered left shoulder injuries as a result of a tetanus-diphtheria-acellular pertussis
(“Tdap”) vaccine that she received on February 3, 2016. Pet. at 1. The case was
assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.
On April 19, 2017, respondent filed a Rule 4(c) Report conceding that petitioner
is entitled to compensation in this case. Rule 4(c) Rep. at 1. Specifically, respondent
stated that “petitioner’s left shoulder injury is consistent with SIRVA [shoulder injury
related to vaccine administration], and that it was caused in fact by the Tdap vaccine
1 Because this unpublished ruling 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 1:16-vv-01480-UNJ Document 32 Filed 12/08/17 Page 2 of 2
she received on February 3, 2016.” Id. at 3. Respondent “did not identify any other
causes for petitioner’s SIRVA, and records show that she suffered the sequela of her
injury for more than six months.” Id. Thus, based on the evidence submitted in this
case, “petitioner has met the statutory requirements for entitlement to compensation.”
Id.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01480-2
Date issued/filed: 2018-04-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/22/2017) regarding 24 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01480-UNJ Document 34 Filed 04/12/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1480V
Filed: June 22, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ERIN MCLANE, *
*
Petitioner, * Damages Decision Based on Proffer;
* Concession; Tetanus-diphtheria-
v. * acellular pertussis (Tdap) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (SIRVA); Special
AND HUMAN SERVICES, * Processing Unit (SPU)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher PA, for petitioner.
Ann D. Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 9, 2016, 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 alleged that she suffered left shoulder injuries as a result of a
tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine that she received on February 3,
2016. The case was assigned to the Special Processing Unit (“SPU”) of the Office of
Special Masters.
On April 19, 2017, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On June 21, 2017, respondent filed a proffer on award of compensation
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 1:16-vv-01480-UNJ Document 34 Filed 04/12/18 Page 2 of 4
(“Proffer”) indicating petitioner should be awarded $132,500.00. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Id.
Based on the record as a whole, 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 $132,500.00 in the form of a check payable to
petitioner, Erin McLane. 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 1:16-vv-01480-UNJ Document 34 Filed 04/12/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ERIN MCLANE, )
)
Petitioner, )
) No. 16-1480V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s
Rule 4(c) Report, filed on April 19, 2017, conceding entitlement in this case. Based upon the
evidence of record, respondent proffers that petitioner should be awarded $132,500.00, which
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a) for her vaccine-related injury.1 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 $132,500.00 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
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 medical
expenses, future lost earnings, and future pain and suffering.

Case 1:16-vv-01480-UNJ Document 34 Filed 04/12/18 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/ Ann D. Martin
ANN D. MARTIN
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 307-1815
DATED: June 21, 2017
2