VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00571
Package ID: USCOURTS-cofc-1_19-vv-00571
Petitioner: Julie Lyons
Filed: 2019-04-17
Decided: 2020-09-14
Vaccine: Tdap
Vaccination date: 2017-04-18
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 71000

AI-assisted case summary:
Julie Lyons filed a petition for compensation under the National Vaccine Injury Compensation Program on April 17, 2019, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her Tetanus Diphtheria acellular Pertussis (Tdap) vaccination on April 18, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Lyons suffered a Table SIRVA and that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 7, 2020, finding Ms. Lyons entitled to compensation. Subsequently, on August 10, 2020, the parties submitted a proffer on the award of compensation. The respondent recommended an award of $71,000.00 for all elements of economic and noneconomic damages, which Ms. Lyons agreed to. On September 14, 2020, Chief Special Master Corcoran issued a decision awarding Ms. Lyons a lump sum payment of $71,000.00, payable by check to Petitioner. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Julia Marter Collison of the U.S. Department of Justice.

Theory of causation field:
Petitioner Julie Lyons alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on April 18, 2017. The respondent conceded that Petitioner suffered a Table SIRVA and that the six-month sequela requirement was met. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No experts were named in the public text. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Julia Marter Collison. Chief Special Master Brian H. Corcoran ruled on entitlement on July 7, 2020, and awarded $71,000.00 on September 14, 2020, based on a joint proffer. The award was a lump sum payment for all economic and noneconomic damages.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00571-0
Date issued/filed: 2020-08-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/07/2020) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00571-UNJ Document 30 Filed 08/12/20 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-571V
UNPUBLISHED
JULIE LYONS, Chief Special Master Corcoran
Petitioner, Filed: July 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
On April 17, 2019, Julie Lyons 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 that she suffered a Shoulder Injury Related to
Vaccine Administration (“SIRVA”) as a result of her April 18, 2017 Tetanus Diphtheria
acellular Pertussis (“Tdap”) vaccination. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
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-00571-UNJ Document 30 Filed 08/12/20 Page 2 of 2
On July 6, 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 indicates that based on his review he has “concluded that
petitioner suffered a Table SIRVA. No other causes for petitioner’s SIRVA were
identified.” Id. at 4 citing 42 U.S.C. § 300aa-13(a)(1)(B) (footnote omitted). Respondent
further agrees that “the statutory six month sequela requirement has been satisfied. §
300aa-11(c)(D)(I). Therefore, based on the current record, 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-00571-1
Date issued/filed: 2020-09-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/12/2020) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00571-UNJ Document 34 Filed 09/14/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-571V
UNPUBLISHED
JULIE LYONS, 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, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On April 17, 2019, Julie Lyons 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 her April 18, 2017 Tetanus Diphtheria acellular
Pertussis vaccination. Petition at 1. Petitioner further alleges that her injury lasted for
more than six months. Petition at 12. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On July 7, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 10, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $71,000.00. Proffer at
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-00571-UNJ Document 34 Filed 09/14/20 Page 2 of 4
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 $71,000.00 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-00571-UNJ Document 34 Filed 09/14/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JULIE LYONS,
Petitioner, No. 19-571V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 17, 2019, Julie Lyons (“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 tetanus/diphtheria/acellular pertussis (“Tdap”) vaccine administered
to her on April 18, 2017. On July 7, 2020, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $71,000.00 for all elements of
economic and noneconomic damages. This amount reflects any reduction to net present value.
See 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

Case 1:19-vv-00571-UNJ Document 34 Filed 09/14/20 Page 4 of 4
the Court’s judgment award the following1: a lump sum payment of $71,000.00, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Julie Lyons.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Julie Lyons: $71,000.00
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Julia M. Collison
JULIA M. COLLISON
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 305-0102
Dated: August 10, 2020
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