VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01346
Package ID: USCOURTS-cofc-1_18-vv-01346
Petitioner: Renee Lee
Filed: 2020-01-28
Decided: 2020-06-11
Vaccine: Tdap
Vaccination date: 2017-08-30
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Renee Lee filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a Tdap vaccine she received on August 30, 2017. The respondent conceded that her alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table, noting she had no prior history of shoulder issues, the pain occurred within 48 hours after the vaccination, was limited to the injection site, and no other condition could explain the pain. The respondent also agreed that she suffered residual effects for more than six months and met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found her entitled to compensation. Subsequently, the parties submitted a proffer for damages, agreeing that Renee Lee should be awarded $95,000.00 for actual and projected pain and suffering, reduced to net present value. The court awarded this lump sum payment to Renee Lee, who is a competent adult.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-01346-0
Date issued/filed: 2020-03-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/28/2020) regarding 35 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01346-UNJ Document 39 Filed 03/04/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1346V
UNPUBLISHED
RENEE LEE, Chief Special Master Corcoran
Petitioner, Filed: January 28, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA)
Kristina E. Grigorian, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 31, 2018, Renee Lee 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 a Tdap vaccine she received on August
30, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On January 27, 2020, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule
1 Because this unpublished ruling 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 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, 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-01346-UNJ Document 39 Filed 03/04/20 Page 2 of 2
4(c) Report at 1. Specifically, Respondent states that “[P]etitioner’s alleged injury is
consistent with SIRVA as defined on the Vaccine Injury Table. Specifically, petitioner
had no history of pain, inflammation, or dysfunction of her left shoulder; pain occurred
within 48 hours after receipt of an intramuscular vaccination; pain was limited to the
shoulder in which the vaccine was administered; and no other condition or abnormality
has been identified to explain petitioner’s shoulder pain.” Id. at 7. Respondent further
agrees that Petitioner suffered the residual effects of her condition for more than six
months and that Petitioner has satisfied all legal prerequisites for compensation under
the Act. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-01346-1
Date issued/filed: 2020-06-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/11/2020) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01346-UNJ Document 48 Filed 06/11/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1346V
UNPUBLISHED
RENEE LEE, Chief Special Master Corcoran
Petitioner, Filed: May 11, 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)
Kristina E. Grigorian, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 31, 2018, Renee Lee 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 a Tdap vaccine she received on August
30, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On January 28, 2020, I issued a ruling on entitlement, finding Petitioner entitled
to compensation for SIRVA. On May 11, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $95,000.00 (in actual
and projected pain and suffering). Proffer at 1-2. This amount reflects that the award
for projected pain and suffering has been reduced to net present value. Id. at 1. In the
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-01346-UNJ Document 48 Filed 06/11/20 Page 2 of 5
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 $95,000.00, (in actual and projected pain and suffering reduced
to net present value) 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-01346-UNJ Document 48 Filed 06/11/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RENEE LEE, )
)
Petitioner, )
) No. 18-1346V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 31, 2018, Renee Lee (“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 she suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”) as a result of a Tdap vaccine she received on August 30, 2017. Petition at 1. On
January 27, 2020, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c)
Report indicating that this case is appropriate for compensation under the terms of the Act, and
the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation the following day. ECF No. 34; ECF No. 35.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Renee Lee should be awarded $95,000.00 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.

Case 1:18-vv-01346-UNJ Document 48 Filed 06/11/20 Page 4 of 5
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 Renee Lee 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 $95,000.00,
representing compensation for pain and suffering, in the form of a check payable to petitioner,
Renee Lee.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Renee Lee: $95,000.00
Respectfully submitted,
JOSEPH H. HUNT
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
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-01346-UNJ Document 48 Filed 06/11/20 Page 5 of 5
s/ Sarah C. Duncan
SARAH C. DUNCAN
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) 514-9729
Fax: (202) 616-4310
DATED: May 11, 2020
3