VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00589
Package ID: USCOURTS-cofc-1_19-vv-00589
Petitioner: Scott B. Hearth, M.D.
Filed: 2020-07-06
Decided: 2021-12-03
Vaccine: Tdap
Vaccination date: 2016-06-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 67500

AI-assisted case summary:
Scott B. Hearth, M.D. filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccination he received on June 15, 2016. The respondent conceded that Petitioner was entitled to compensation, agreeing that the claim met the Table criteria for SIRVA and that the injury persisted for more than six months. The case proceeded to a damages hearing because the parties disagreed on the amount of pain and suffering to be awarded. Petitioner requested $85,000.00, while the respondent proposed $62,500.00. After considering the arguments and comparable SIRVA cases, the Chief Special Master awarded Petitioner $67,500.00 for actual pain and suffering. This award represents compensation for all damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-00589-0
Date issued/filed: 2020-08-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/06/2020) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00589-UNJ Document 27 Filed 08/05/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0589V
UNPUBLISHED
SCOTT B. HEARTH, M.D., Chief Special Master Corcoran
Petitioner, Filed: July 6, 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)
William E. Cochran, Jr., Black McLaren et al., P.C., Memphis, TN , for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 22, 2019, Scott B. Hearth, M.D. 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”) as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccination he received on June 15, 2016. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
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.
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-00589-UNJ Document 27 Filed 08/05/20 Page 2 of 2
Specifically, Respondent concludes that Petitioner’s claim meets the Table criteria for
SIRVA Id. at 4. Respondent further agrees that “[P]etitioner’s SIRVA and its sequela
persisted for more than six months after the administration of the vaccine”. 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-00589-1
Date issued/filed: 2021-12-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/01/2021) regarding 51 DECISION of Special Master Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00589-UNJ Document 57 Filed 12/03/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0589V
UNPUBLISHED
SCOTT B. HEARTH, M.D., Chief Special Master Corcoran
Petitioner, Filed: November 1, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Decision Awarding Damages; Pain
HUMAN SERVICES, and Suffering; Tetanus Diphtheria
acellular Pertussis (TDAP); Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
William E. Cochran, Jr., Black McLaren et al., Memphis, TN, for Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 22, 2019, Scott B. Hearth, M.D. 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”) as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine he received on June 15, 2016. Petition at 1. The case was assigned to the Special
Processing Unit (“SPU”) of the Office of Special Masters. Because the parties could not
informally resolve the issue of damages, they were ordered to file briefs setting forth their
respective arguments and were notified that I would resolve this dispute via an expedited
“Motions Day” hearing, which ultimately took place on October 29, 2021.
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00589-UNJ Document 57 Filed 12/03/21 Page 2 of 2
The parties specifically disagreed as to the amount of actual pain and suffering to
be awarded, with Petitioner requesting $85,000.00, and Respondent proposing only
$62,500.00, given the moderate nature of Petitioner’s injury and his conservative
treatment. Awareness of the injury is not disputed. As explained during the hearing,3
however, and after listening to both sides’ arguments, I have determined that an award
of $67,500.00 in actual pain and suffering is best supported by the record as well as
reasonable comparable damages determinations from SPU SIRVA cases.
Accordingly:
I award Petitioner a lump sum payment of $67,500.00 for his actual pain and
suffering in the form of a check payable to Petitioner Scott B. Hearth. This amount
represents compensation for all damages that would be available under Section 15(a).
The Clerk of the Court is directed to enter judgment in accordance with this
decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The transcript of the hearing includes discussion of the various comparable cases as well as specific facts
relating to Petitioner’s medical history and experience, and is incorporated by reference into this Decision.
4 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