VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00687
Package ID: USCOURTS-cofc-1_19-vv-00687
Petitioner: Judith Markey
Filed: 2019-05-08
Decided: 2020-11-04
Vaccine: pneumococcal conjugate
Vaccination date: 2017-07-21
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Judith Markey filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate (Prevnar-13) vaccination on July 21, 2017. The respondent conceded that her alleged injury was consistent with SIRVA and met the requirements of a Table injury claim. The respondent also agreed that Ms. Markey had suffered the sequelae of her injury for more than six months. Based on the respondent's concession and the evidence of record, the court found that Ms. Markey was entitled to compensation. Subsequently, the parties reached a proffer agreement for damages. The respondent proposed an award of $65,000.00 for pain and suffering damages, which Ms. Markey agreed to. The court accepted this proffer and awarded Ms. Markey a lump sum payment of $65,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00687-0
Date issued/filed: 2020-08-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/21/2020) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00687-UNJ Document 36 Filed 08/25/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0687V
UNPUBLISHED
JUDITH MARKEY, Chief Special Master Corcoran
Petitioner, Filed: July 21, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Pneumococcal
Conjugate Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On May 8, 2019, Judith Markey 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 pneumococcal conjugate (“Prevnar-
13”) vaccination administered on July 21, 2017. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On July 20, 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-00687-UNJ Document 36 Filed 08/25/20 Page 2 of 2
at 1. Specifically, Respondent has “concluded that [P]etitioner’s alleged injury is
consistent with SIRVA of the left arm and that it meets the requirements of a Table
injury claim for SIRVA stemming from the Prevnar-13 vaccination on July 21, 2017.” Id.
at 5. Respondent further agrees that Petitioner has suffered the sequela of her injury
for more than six months. 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-00687-1
Date issued/filed: 2020-11-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/05/2020) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00687-UNJ Document 43 Filed 11/04/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0687V
UNPUBLISHED
JUDITH MARKEY, Chief Special Master Corcoran
Petitioner, Filed: October 5, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Pneumococcal Conjugate Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On May 8, 2019, Judith Markey 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 a pneumococcal conjugate (“Prevnar 13”)
vaccination administered on July 21, 2017. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On October 21, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On September 30, 2020, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $65,000.00 for pain
and suffering damages. Proffer at 1. In the Proffer, Respondent represented that
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-00687-UNJ Document 43 Filed 11/04/20 Page 2 of 4
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 $65,000.00 (for pain and suffering) 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-00687-UNJ Document 43 Filed 11/04/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JUDITH MARKEY, )
)
Petitioner, ) No. 19-687V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On May 8, 2019, Judith Markey (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. She alleges that, after receiving the Prevnar-13 vaccine on July 21, 2017, she
suffered from a left shoulder injury related to vaccine administration (“SIRVA”). Petition at 1.
On July 20, 2020, respondent filed his Vaccine Rule 4(c) report, conceding a Table injury for
SIRVA. On July 21, 2020, Chief Special Master Corcoran issued a ruling on entitlement,
finding that petitioner was entitled to compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $65,000.00 for pain and suffering damages. This amount represents all elements
of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:19-vv-00687-UNJ Document 43 Filed 11/04/20 Page 4 of 4
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $65,000.00, in the form of a check payable to petitioner.2
Petitioner agrees.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: September 30, 2020 Fax: (202) 616-4310
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.
2