VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00726
Package ID: USCOURTS-cofc-1_19-vv-00726
Petitioner: Frank Gibbs
Filed: 2019-05-16
Decided: 2022-06-17
Vaccine: Tdap
Vaccination date: 2018-06-14
Condition: left shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 101289

AI-assisted case summary:
Frank Gibbs, an adult, received a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine on June 14, 2018. He alleged that he suffered left shoulder injuries related to vaccine administration (SIRVA) as a result of this vaccination. The petition was filed on May 16, 2019. Mr. Gibbs alleged that he received the vaccine in the United States, his pain lasted longer than six months, and that he had not received any prior compensation for this injury. The respondent, the Secretary of Health and Human Services, filed an amended Rule 4(c) report conceding that Mr. Gibbs was entitled to compensation. The respondent agreed that the injury met the criteria for SIRVA on the Vaccine Injury Table and that Mr. Gibbs met the statutory requirements for filing and severity. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement on March 17, 2022, finding Mr. Gibbs entitled to compensation. Subsequently, on May 5, 2022, the respondent filed a proffer on award of compensation, recommending an award of $101,289.03, which included $100,000.00 for pain and suffering and $1,289.03 for unreimbursable expenses. Mr. Gibbs agreed with this proffered award. The Chief Special Master issued a decision awarding damages on June 17, 2022, granting the lump sum payment of $101,289.03 to Mr. Gibbs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00726-0
Date issued/filed: 2022-04-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/17/2022) regarding 45 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00726-UNJ Document 48 Filed 04/22/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0726V
UNPUBLISHED
FRANK GIBBS, Chief Special Master Corcoran
Petitioner, Filed: March 17, 2022
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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 16, 2019, Frank Gibbs 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 left shoulder injuries related to vaccine
administration (“SIRVA”) as a result of a Tetanus Diphtheria acellular Pertussis (“Tdap”)
vaccine received on June 14, 2018. Petition at 1. Petitioner further alleges that he
received the vaccine in the United States, his pain lasted longer than six months, and that
neither Petitioner nor any other party has ever received compensation in the form of an
award or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 1, 7, 8; Ex. 1 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:19-vv-00726-UNJ Document 48 Filed 04/22/22 Page 2 of 2
On March 16, 2022, Respondent filed an amended 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 (ECF No. 43). Specifically, Respondent agrees that “petitioner has satisfied
the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids
to Interpretation (“QAI”) for SIRVA.” Id. at 5. Respondent further agrees that “the records
show that petitioner timely filed his case, that he received the Tdap vaccine in the United
States, and that he satisfies the statutory severity requirement by suffering the residual
effects or complications of his injury for more than six months after vaccine
administration.” 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-00726-1
Date issued/filed: 2022-06-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/05/2022) regarding 50 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00726-UNJ Document 56 Filed 06/17/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0726V
UNPUBLISHED
FRANK GIBBS, Chief Special Master Corcoran
Petitioner, Filed: May 5, 2022
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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 16, 2019, Frank Gibbs 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 left shoulder injuries related to vaccine
administration (“SIRVA”) as a result of a Tetanus Diphtheria acellular Pertussis (“Tdap”)
vaccine received on June 14, 2018. Petition at 1. Petitioner further alleges that he
received the vaccine in the United States, his pain lasted longer than six months, and that
neither Petitioner nor any other party has ever received compensation in the form of an
award or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 1, 7, 8; Ex. 1 at
1. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:19-vv-00726-UNJ Document 56 Filed 06/17/22 Page 2 of 5
On March 17, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On May 5, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $101,289.03. Proffer at
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 $101,289.03 (representing $100,000.00 in pain and suffering and
$1,289.03 in unreimbursable expenses) in the form of a check payable to Petitioner.
This amount represents compensation for all damages that would be available under
Section 15(a).
The Clerk of 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-00726-UNJ Document 56 Filed 06/17/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
FRANK GIBBS, )
)
Petitioner, )
) No. 19-726V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 16, 2019, Frank Gibbs (“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 he suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of a tetanus,
diphtheria, and acellular pertussis (“Tdap”) vaccine he received on June 14, 2018. Petition at 1.
On March 16, 2022, the Secretary of Health and Human Services (“respondent”) filed an
Amended Rule 4(c) Report indicating that this case is appropriate for compensation under the
terms of the Act for a SIRVA Table injury, and on March 17, 2022, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 43; ECF
No. 45.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $100,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-00726-UNJ Document 56 Filed 06/17/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $1,289.03. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 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
the Court’s judgment award the following1: a lump sum payment of $101,289.03, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Frank Gibbs: $101,289.03
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
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

Case 1:19-vv-00726-UNJ Document 56 Filed 06/17/22 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ Matthew L. Murphy
Matthew L. Murphy
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4840
matthew.murphy@usdoj.gov
DATED: May 5, 2022
3