VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00687
Package ID: USCOURTS-cofc-1_17-vv-00687
Petitioner: Kristie McClure
Filed: 2018-02-08
Decided: 2018-10-17
Vaccine: Tdap
Vaccination date: 2015-11-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 81497

AI-assisted case summary:
Kristie McClure filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered an "on-table" left shoulder injury as a result of a Tdap vaccine administered on November 7, 2015. The respondent conceded that her injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that she met all legal prerequisites for compensation. A ruling on entitlement was issued on July 8, 2018, finding her entitled to compensation. Subsequently, on July 18, 2018, the respondent filed a proffer on award of compensation, proposing an award of $80,355.32 for pain and suffering and past unreimbursed expenses, plus $1,141.30 to satisfy a North Carolina Medicaid lien. The petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Kristie McClure a total of $81,496.62 in two lump sum payments on October 17, 2018.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00687-0
Date issued/filed: 2018-05-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 2/8/2018) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00687-UNJ Document 33 Filed 05/09/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-687V
Filed: February 8, 2018
UNPUBLISHED
KRISTIE MCCLURE,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Ann Mayhew Golski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Lynn Elizabeth Ricciardella, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 24, 2017, 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 an “on-table” left shoulder injury as a result of
a vaccine containing tetanus toxoid, administered on November 7, 2015. Petition at 1-
2. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On February 6, 2018, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent “has reviewed the petition and medical records filed in
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 1:17-vv-00687-UNJ Document 33 Filed 05/09/18 Page 2 of 2
this case and has concluded that petitioner’s alleged injury is consistent with a shoulder
injury related to vaccine administration (“SIRVA”), as defined on the Vaccine Injury
Table.” Id. at 4. Respondent further agrees that petitioner suffered the residual effects
of her injury for more than six months and that petitioner has satisfied all the legal
prerequisites to compensation under the Vaccine Act. Id.
In view of respondent’s position 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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00687-1
Date issued/filed: 2018-10-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/20/2018) regarding 42 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00687-UNJ Document 53 Filed 10/17/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-687V
Filed: July 20, 2018
UNPUBLISHED
KRISTIE MCCLURE,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Tetanus Diphtheria acellular
v.
Pertussis (Tdap) Vaccine; Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND
Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Ann Mayhew Golski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Lynn Elizabeth Ricciardella, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 6, 2018, 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 an “on-table” left shoulder injury as
a result of a vaccine containing tetanus toxoid, administered on November 7, 2015.
Petition at 1- 2. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On July 8, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a shoulder injury related to vaccine administration (“SIRVA”). On July
18, 2018, respondent filed a proffer on award of compensation (“Proffer”) indicating
petitioner should be awarded $$80,355.32, consisting of $80,000.00 for pain and
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 1:17-vv-00687-UNJ Document 53 Filed 10/17/18 Page 2 of 5
suffering and $355.32 for past unreimbursed expenses, as well as $1,141,30,
representing funds to satisfy a State of North Carolina Medicaid lien. Proffer at 1. In
the Proffer, respondent represented that petitioner agrees with the proffered award.
(See also petitioner’s status report at ECF No. 41.) 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 $81,496.62 in the form of two lump sum payments as follows:
• A lump sum payment of $80,355.32, representing $80,000.00 in
compensation for pain and suffering and $355.32 for past unreimbursable
expenses, in the form of a check payable to petitioner, Kristie McClure;
and
• A lump sum payment of $1,141.30, representing compensation for
satisfaction of the State of North Carolina Medicaid lien, payable jointly to
petitioner and to:
North Carolina Division of Medical Assistance
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022.
Petitioner agrees to endorse this payment to the North Carolina Division of
Medical Assistance.
These amounts represent 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 1:17-vv-00687-UNJ Document 53 Filed 10/17/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KRISTIE MCCLURE, )
)
Petitioner, )
) No. 17-687V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
On February 6, 2018, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner, Kristie McClure, suffered an injury that is compensable under the National Childhood
Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-1 to -34. Accordingly, on February
8, 2018, the Chief Special Master issued a Ruling on Entitlement.
Respondent now proffers that, based on the evidence of record, petitioner should be
awarded $80,355.32, consisting of $80,000.00 for pain and suffering and $355.32 for past
unreimbursed expenses. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Respondent further proffers that petitioner, Kristie McClure, should be awarded funds to
satisfy, in full, the State of North Carolina Medicaid lien in the amount of $1,141.30, which
represents satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the
State of North Carolina may have against any individual as a result of any Medicaid payments the
State of North Carolina has made to or on behalf of Kristie McClure from the date of her
1

Case 1:17-vv-00687-UNJ Document 53 Filed 10/17/18 Page 4 of 5
eligibility for benefits through the date of judgment in this case as a result of her vaccine-related
injury, under Title XIX of the Social Security Act.
II. Form of the Award:
The parties recommend that the compensation provided to Kristie McClure should be
made through two lump sum payments as described below, and request that the Chief Special
Master’s decision and the Court’s judgment award the following:1
(1) A lump sum payment of $80,355.32 in the form of a check payable to petitioner,
Kristie McClure. This amount accounts for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner would be entitled; and
(2) A lump sum payment of $1,141.30, representing compensation for satisfaction of the
State of North Carolina Medicaid lien, payable jointly to petitioner and to:
North Carolina Division of Medical Assistance
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022
Petitioner agrees to endorse this payment to the North Carolina Division of Medical Assistance.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy 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 medical
expenses and future pain and suffering.
2

Case 1:17-vv-00687-UNJ Document 53 Filed 10/17/18 Page 5 of 5
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Lynn E. Ricciardella
LYNN E. RICCIARDELLA
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) 616-4356
Dated: July 18, 2018
3