VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00389
Package ID: USCOURTS-cofc-1_19-vv-00389
Petitioner: Mercedes Gallagher
Filed: 2019-03-14
Decided: 2020-09-14
Vaccine: meningococcal
Vaccination date: 2018-01-11
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 55080

AI-assisted case summary:
Mercedes Gallagher filed a petition for compensation under the National Vaccine Injury Compensation Program on March 14, 2019, alleging she developed a right shoulder injury related to vaccine administration (SIRVA) after receiving two meningococcal vaccines on January 11, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 7, 2020, conceding that Ms. Gallagher was entitled to compensation. The respondent determined that her condition met the criteria for a SIRVA Table injury. On May 11, 2020, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Gallagher eligible for compensation. Subsequently, on August 12, 2020, the respondent filed a proffer on the award of compensation. The parties agreed to a total award of $55,080.00. This amount included $55,000.00 for pain and suffering and $80.00 for past unreimbursable expenses. Chief Special Master Corcoran issued a decision on September 14, 2020, awarding this amount as a lump sum payment to Ms. Gallagher. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Dhairya Divyakant Jani of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments. The specific mechanism of injury is not detailed in the public text, but the case was determined to be a SIRVA Table injury.

Theory of causation field:
Petitioner Mercedes Gallagher alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following two meningococcal vaccinations on January 11, 2018. The respondent conceded entitlement, agreeing that the condition met the criteria for a SIRVA Table injury. The case was ruled on entitlement by Chief Special Master Brian H. Corcoran on May 11, 2020. A subsequent decision on September 14, 2020, by Chief Special Master Corcoran awarded $55,080.00, consisting of $55,000.00 for pain and suffering and $80.00 for past unreimbursable expenses, based on a proffer agreed to by both parties. Petitioner was represented by Bridget Candace McCullough and respondent by Dhairya Divyakant Jani. The public text does not detail specific medical experts, the mechanism of injury beyond it being a SIRVA Table injury, or the specific onset and progression of symptoms.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00389-0
Date issued/filed: 2020-06-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/11/2020) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00389-UNJ Document 23 Filed 06/11/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-389V
UNPUBLISHED
MERCEDES GALLAGHER, Chief Special Master Corcoran
Petitioner, Filed: May 11, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Meningococcal Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 14, 2019, Mercedes Gallagher 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 developed a right shoulder injury related to
vaccine administration (“SIRVA”) as a result of two meningococcal vaccines
administered on January 11, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 7, 2020, 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 petitioner and medical records filed in this
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 1:19-vv-00389-UNJ Document 23 Filed 06/11/20 Page 2 of 2
case, and concluded that Petitioner has satisfied the criteria set forth in the Vaccine
Injury table and the Qualifications and Aids to Interpretation for a SIRVA. Id. at 4.
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

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-00389-1
Date issued/filed: 2020-09-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/12/2020) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00389-UNJ Document 32 Filed 09/14/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-389V
UNPUBLISHED
MERCEDES GALLAGHER, Chief Special Master Corcoran
Petitioner, Filed: August 12, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Meningococcal Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 14, 2019, Mercedes Gallagher 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”) following the administration of two meningococcal vaccines on
January 11, 2018. Petition at 1. Petitioner further alleges that the vaccines were
administered within the United States, that the sequalae of her injury last for more than
six months, and that there has been no compensation in the form of an award or
settlement for Petitioner’s vaccine-related injury. Petition at 3-4. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On May 11, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On August 12, 2020, Respondent filed a proffer on award of
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 1:19-vv-00389-UNJ Document 32 Filed 09/14/20 Page 2 of 5
compensation (“Proffer”) indicating Petitioner should be awarded $55,080.00 consisting
of $55,000.00 for pain and suffering and $80.00 for past unreimbursable 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 $55,080.00 (consisting of $55,000.00 for pain and suffering and
$80.00 for past unreimbursable 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 1:19-vv-00389-UNJ Document 32 Filed 09/14/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MERCEDES GALLAGHER, *
*
Petitioner, *
*
v. * No. 19-389V (ECF)
* CHIEF SPECIAL MASTER
* BRIAN H. CORCORAN
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 14, 2019, Mercedes Gallagher (“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 defined in the Vaccine Injury Table, following administration of
two meningococcal vaccines on January 11, 2018. Petition at 1. On May 7, 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 for a SIRVA Table injury, and on May
11, 2020, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 21; ECF No. 22.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $55,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-00389-UNJ Document 32 Filed 09/14/20 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $80.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
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 $55,080.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Mercedes Gallagher: $55,080.00
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
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 1:19-vv-00389-UNJ Document 32 Filed 09/14/20 Page 5 of 5
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ DHAIRYA D. JANI
DHAIRYA D. JANI
Trial Attorney
U.S. Department of Justice
Torts Branch, Civil Division
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4356
Dated: August 12, 2020
3