VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00754
Package ID: USCOURTS-cofc-1_18-vv-00754
Petitioner: Roderick Sanders
Filed: 2018-05-29
Decided: 2020-09-24
Vaccine: Tdap
Vaccination date: 2016-12-21
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 108212

AI-assisted case summary:
Roderick Sanders filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine administered on December 21, 2016. The respondent conceded entitlement, stating that the petitioner's medical course was consistent with brachial neuritis, a condition listed on the Vaccine Injury Table. The respondent confirmed that the petitioner's brachial neuritis onset was within 2-28 days of a tetanus toxoid-containing vaccine, with weakness and motor, sensory, and reflex findings on physical examination, and no other condition explaining the symptoms. A ruling on entitlement was issued on May 3, 2019, finding Mr. Sanders entitled to compensation. On August 24, 2020, the respondent filed a proffer on award of compensation, recommending a total award of $108,212.43. This amount included $87,500.00 for pain and suffering, $718.20 for past unreimbursable expenses, and $19,994.23 for future medical care expenses. Mr. Sanders, an adult, agreed with the proffered award. The Chief Special Master issued a decision awarding the full proffered amount on September 24, 2020.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-00754-0
Date issued/filed: 2019-08-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/03/2019) regarding 27 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00754-UNJ Document 37 Filed 08/07/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0754V
Filed: May 3, 2019
UNPUBLISHED
RODERICK SANDERS,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Tetanus Diphtheria
SECRETARY OF HEALTH AND acellular Pertussis (Tdap) Vaccine;
HUMAN SERVICES, Brachial Neuritis
Respondent.
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 29, 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 he suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of a Tetanus Diphtheria acellular Pertussis (“Tdap”)
vaccine administered on December 21, 2016. Petition at 1-2. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such material from
public access. Because this unpublished ruling contains a reasoned explanation for the action in this
case, undersigned is required 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).
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.

Case 1:18-vv-00754-UNJ Document 37 Filed 08/07/19 Page 2 of 2
On April 30, 2019, 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 states that although petitioner has alleged that he
suffered a SIRVA, “petitioner’s medical course is consistent with brachial neuritis as
defined in the Vaccine Injury Table.” Id. at 4. Respondent further indicates that
“petitioner’s brachial neuritis onset [was] within 2-28 days of a vaccine containing
tetanus toxoid; petitioner had weakness as well as motor, sensory, and reflex findings
on physical examination; and no other condition or abnormality was present that would
explain petitioner’s symptoms.” Id. Respondent concludes that “petitioner has satisfied
all legal prerequisites for compensation under the [Vaccine] Act.” Id.3
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
3 Petitioner does not object to respondent’s rationale for conceding.

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-00754-1
Date issued/filed: 2020-09-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/25/2020) regarding 64 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00754-UNJ Document 68 Filed 09/24/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0754V
UNPUBLISHED
RODERICK SANDERS, Chief Special Master Corcoran
Petitioner, Filed: August 25, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On May 29, 2018, Roderick Sanders 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 a shoulder injury related to vaccine
administration (“SIRVA”) as a result of Tetanus Diphtheria acellular Pertussis (“Tdap”)
vaccine he received on December 21, 2016. Petition at 1-2. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On May 3, 2019, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 24, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $108,212.43
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 E-
Government 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:18-vv-00754-UNJ Document 68 Filed 09/24/20 Page 2 of 5
(comprised of $87,500.00 for pain and suffering, $718.20 for past unreimbursable
expenses, and $19,994.23 for future medical care expenses). Proffer at 1-2. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $108,212.43 (comprised of $87,500.00 for pain and suffering,
$718.20 for past unreimbursable expenses, and $19,994.23 for future medical care
expenses) in the form of a check payable to Petitioner. This amount represents
compensation for all damages that would be available under § 15(a).
The clerk of the 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.
2

Case 1:18-vv-00754-UNJ Document 68 Filed 09/24/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RODERICK SANDERS, )
)
Petitioner, )
) No. 18-754V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 29, 2018, Roderick Sanders (“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 (“Table”), following
administration of a Tetanus Diphtheria acellular Pertussis (“Tdap”) vaccine he received on
December 21, 2016. Petition at 1-2. However, on April 19, 2019, the Secretary of Health and
Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case was appropriate
for compensation under the terms of the Act for a brachial neuritis Table injury, and on May 3,
2019, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 26; ECF No. 27.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $87,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:18-vv-00754-UNJ Document 68 Filed 09/24/20 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $718.20. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Future Medical Care Expenses
Evidence supplied by petitioner documents that he will incur future medical care
expenses related to his vaccine-related injury. Respondent proffers that petitioner should be
awarded future medical care expenses in the amount of $19,994.23. See 42 U.S.C. § 300aa-
15(a)(1)(A).
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 $108,212.43, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Roderick Sanders: $108,212.43
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.
2

Case 1:18-vv-00754-UNJ Document 68 Filed 09/24/20 Page 5 of 5
Respectfully submitted,
ETHAN P. DAVIS
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
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) 616-3644
DATED: August 24, 2020
3