VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00445
Package ID: USCOURTS-cofc-1_19-vv-00445
Petitioner: Vera Veronica Kelly
Filed: 2019-03-26
Decided: 2020-10-20
Vaccine: Tdap
Vaccination date: 2017-01-25
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 93105

AI-assisted case summary:
Vera Veronica Kelly filed a petition for compensation under the National Vaccine Injury Compensation Program on March 26, 2019. She alleged that a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on January 25, 2017, caused a left shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation, agreeing that the petitioner suffered a SIRVA consistent with a Table injury and had met the legal prerequisites for compensation. On April 7, 2020, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Kelly entitled to compensation. Subsequently, on September 14, 2020, the respondent filed a proffer on award of compensation. The proffer proposed an award of $93,105.44, consisting of $90,000.00 for pain and suffering and $3,105.44 for past unreimbursed expenses. The petitioner agreed with this proffered award. On October 20, 2020, Chief Special Master Corcoran issued a decision awarding Ms. Kelly a lump sum of $93,105.44, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner was represented by Elizabeth Martin Muldowney of Sands Anderson PC, and respondent was represented by Voris Edward Johnson of the U.S. Department of Justice.

Theory of causation field:
Petitioner Vera Veronica Kelly alleged a left shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on January 25, 2017. The respondent conceded entitlement, agreeing that the injury was consistent with a Table injury. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the diagnosis of SIRVA. The case proceeded to a damages decision based on a proffer agreed to by both parties. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 7, 2020, and a final decision awarding damages on October 20, 2020. The award totaled $93,105.44, comprising $90,000.00 for pain and suffering and $3,105.44 for past unreimbursed expenses. Petitioner was represented by Elizabeth Martin Muldowney, and respondent by Voris Edward Johnson.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-00445-0
Date issued/filed: 2020-05-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/07/2020) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00445-UNJ Document 23 Filed 05/12/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-445V
UNPUBLISHED
VERA VERONICA KELLY, Chief Special Master Corcoran
Petitioner, Filed: April 7, 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)
Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 26, 2019, Vera Veronica Kelly 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 as a result of a tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine administered on January 25, 2017, Petitioner suffered a left
shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 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.
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-00445-UNJ Document 23 Filed 05/12/20 Page 2 of 2
Specifically, Respondent concluded that Petitioner suffered a SIRVA consistent with a
Table injury Id. at 4-5. Respondent further agrees that Petitioner has met the legal
prerequisites for compensation under the Vaccine 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_19-vv-00445-1
Date issued/filed: 2020-10-20
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/16/2020) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00445-UNJ Document 34 Filed 10/20/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-445V
UNPUBLISHED
VERA VERONICA KELLY, Chief Special Master Corcoran
Petitioner, Filed: September 16, 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)
Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 26, 2019, Vera Kelly 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 left shoulder injury related to vaccine
administration (“SIRVA”) as a result of a tetanus-diphtheria-acellular pertussis vaccination
administered on January 25, 2017. Petition at 1. Petitioner further alleges that the vaccine
was administered within the United States, that she suffered the residual effects of her
injury for more than six months, and that she has not received an award or settlement of
any civil action for damages for her vaccine-related injury. Petition at 2, 7. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
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-00445-UNJ Document 34 Filed 10/20/20 Page 2 of 4
On April 7, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On September 14, 2020, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $93,105.44
(consisting of $90,000.00 for pain and suffering, and $3,105.44 for past unreimbursed
expenses). Proffer at 1. 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 $93,105.44 (consisting of $90,000.00 for pain and suffering, and
$3,105.44 for past unreimbursed 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-00445-UNJ Document 34 Filed 10/20/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
VERA VERONICA KELLY, )
)
Petitioner, )
) No. 19-445V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On April 7, 2020, respondent, the Secretary of Health and Human Services, filed his Rule
4(c) Report conceding entitlement to compensation in this matter alleging a Shoulder Injury
Related to Vaccine Administration (“SIRVA”). The same day, the Court entered its Ruling on
Entitlement, finding petitioner Vera Veronica Kelly entitled to Vaccine Act compensation.
Respondent now proffers that petitioner receive a compensation award consisting of a lump sum
of $93,105.44 in the form of a check payable to petitioner, Vera Veronica Kelly.1 This amount
consists of $90,000.00 for pain and suffering and $3,105.44 for past unreimbursed expenses, and
represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to
which petitioner is entitled.2
Petitioner agrees with the proffered award of $93,105.44.3
1 Petitioner is a competent adult. No guardianship is required.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).

Case 1:19-vv-00445-UNJ Document 34 Filed 10/20/20 Page 4 of 4
Respectfully submitted,
JEFFREY BOSSERT CLARK
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4136
Dated: September 14, 2020
2