VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00555
Package ID: USCOURTS-cofc-1_19-vv-00555
Petitioner: Russell Pearce
Filed: 2019-04-15
Decided: 2020-09-21
Vaccine: Tdap
Vaccination date: 2017-09-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 61373

AI-assisted case summary:
Russell Pearce filed a petition for compensation under the National Vaccine Injury Compensation Program on April 15, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) caused by a tetanus, diphtheria, acellular pertussis (Tdap) vaccine he received on September 27, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 16, 2020, conceding that Mr. Pearce was entitled to compensation. The respondent agreed that Mr. Pearce met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table and had satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 17, 2020, finding Mr. Pearce entitled to compensation. Subsequently, on August 20, 2020, the respondent filed a proffer recommending an award of $61,373.62. This amount comprised $60,000.00 for pain and suffering and $1,373.62 for past out-of-pocket medical expenses. The respondent stated that Mr. Pearce agreed with this proffered award. Chief Special Master Corcoran issued a decision on September 21, 2020, awarding Mr. Pearce a lump sum payment of $61,373.62, consisting of $60,000.00 for pain and suffering and $1,373.62 for actual unreimbursable expenses, payable by check to Mr. Pearce. Petitioner counsel was Maximillian J. Muller of Muller Brazil, LLP, and respondent counsel was Traci R. Patton of the U.S. Department of Justice.

Theory of causation field:
Petitioner Russell Pearce alleged a shoulder injury related to vaccine administration (SIRVA) caused by a Tdap vaccine received on September 27, 2017. The respondent conceded entitlement to compensation, agreeing that the petitioner met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding the onset or symptoms of the SIRVA. A ruling on entitlement was issued on July 17, 2020, finding entitlement. On August 20, 2020, respondent filed a proffer recommending an award of $61,373.62, comprising $60,000.00 for pain and suffering and $1,373.62 for past out-of-pocket medical expenses, which the petitioner agreed to. Chief Special Master Brian H. Corcoran issued a decision on September 21, 2020, awarding the proffered amount. Petitioner counsel was Maximillian J. Muller, and respondent counsel was Traci R. Patton.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00555-0
Date issued/filed: 2020-08-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/17/2020) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00555-UNJ Document 23 Filed 08/18/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0555V
UNPUBLISHED
RUSSELL PEARCE, Chief Special Master Corcoran
Petitioner, Filed: July 17, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 15, 2019, Russell Pearce 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”) caused-in-fact by the tetanus, diphtheria, acellular pertussis
(“tdap”) vaccine on September 27, 2017. Petition at ¶¶ 2, 12. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On July 16, 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
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-00555-UNJ Document 23 Filed 08/18/20 Page 2 of 2
at 1. Specifically, Respondent “has concluded that compensation is appropriate
because petitioner meets the criteria for a presumed SIRVA, as defined by the Vaccine
Injury Table.” Id. at 4. Respondent further agrees 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

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-00555-1
Date issued/filed: 2020-09-21
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/21/2020) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00555-UNJ Document 31 Filed 09/21/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0555V
UNPUBLISHED
RUSSELL PEARCE, Chief Special Master Corcoran
Petitioner, Filed: August 21, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On April 15, 2019, Russell Pearce 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”) caused-in-fact by the tetanus, diphtheria, acellular pertussis
(“tdap”) vaccine on September 27, 2017. Petition at ¶¶ 2, 12. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On July 17, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for his SIRVA. On August 20, 2020, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $61,373.62,
representing $60,000.00 for his pain and suffering and $1,373.62 for his past out of pocket
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-00555-UNJ Document 31 Filed 09/21/20 Page 2 of 4
medical 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 $61,373.62, representing $60,000.00 for his pain and suffering and
$1,373.62 for his actual 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-00555-UNJ Document 31 Filed 09/21/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RUSSELL PEARCE,
)
)
Petitioner,
) No. 19-555V
v.
) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On July 16, 2020, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. The Chief Special Master issued a Ruling on Entitlement on
July 17, 2020, finding that petitioner was entitled to vaccine compensation for his right-sided
shoulder injury related to vaccine administration (“SIRVA”). Based upon the evidence of
record, respondent proffers that petitioner should be awarded $61,373.62. The award is
comprised of the following: $60,000.00 for pain and suffering and $1,373.62 for past out of
pocket medical expenses. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $61,373.62, in the form of a check payable to petitioner.1 Petitioner
agrees.
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.

Case 1:19-vv-00555-UNJ Document 31 Filed 09/21/20 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case
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/Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 353-1589
Dated: August 20, 2020
2