VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00999
Package ID: USCOURTS-cofc-1_19-vv-00999
Petitioner: Darla Neeley
Filed: 2020-12-04
Decided: 2021-04-07
Vaccine: pneumococcal conjugate vaccine
Vaccination date: 2017-11-03
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60605

AI-assisted case summary:
Darla Neeley filed a petition for compensation under the National Vaccine Injury Compensation Program on December 4, 2020, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) from a pneumococcal conjugate vaccine received on November 3, 2017. The respondent conceded that Ms. Neeley's injury was consistent with SIRVA as defined on the Vaccine Injury Table, noting she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that Ms. Neeley suffered residual effects for more than six months, satisfying the legal prerequisites for compensation. A ruling on entitlement was issued on December 4, 2020, finding Ms. Neeley entitled to compensation. Subsequently, on March 8, 2021, the respondent filed a proffer recommending an award of $60,605.00, which Ms. Neeley agreed to. This amount included $60,500.00 for pain and suffering and $105.00 for past unreimbursable expenses. The Chief Special Master issued a decision awarding this lump sum payment to Ms. Neeley on April 7, 2021.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00999-0
Date issued/filed: 2021-02-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/04/2020) regarding 17 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00999-UNJ Document 21 Filed 02/01/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0999V
UNPUBLISHED
DARLA NEELEY, Chief Special Master Corcoran
Petitioner, Filed: December 4, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 12, 2019, Darla Neeley 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 right shoulder injury related to vaccine
administration (“SIRVA”) as a result of a pneumococcal conjugate vaccine received on
November 3, 2017. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 2, 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 agrees that “petitioner’s alleged injury is consistent with
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-00999-UNJ Document 21 Filed 02/01/21 Page 2 of 2
SIRVA as defined on the Vaccine Injury Table. Specifically, petitioner had no history of
pain, inflammation, or dysfunction of her right shoulder; pain occurred within 48 hours
after receipt of an intramuscular vaccination; pain was limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality has been identified to
explain petitioner’s shoulder pain.” Id. at 6. Respondent further agrees that “based on the
medical records outlined [in the Rule 4(c) Report], petitioner suffered the residual effects
of her condition for more than six months. Therefore, based on the record as it now
stands, 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-00999-1
Date issued/filed: 2021-04-07
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/08/2021) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00999-UNJ Document 28 Filed 04/07/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0999V
UNPUBLISHED
DARLA NEELEY, Chief Special Master Corcoran
Petitioner, Filed: March 8, 2021
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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 12, 2019, Darla Neeley 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 right shoulder injury related to vaccine
administration (“SIRVA”) as a result of a pneumococcal conjugate vaccine received on
November 3, 2017. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 4, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On March 8, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $60,605.00.
Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the
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-00999-UNJ Document 28 Filed 04/07/21 Page 2 of 5
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 $60,605.00 (representing $60,500.00 for pain and suffering and
$105.00 for past 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-00999-UNJ Document 28 Filed 04/07/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DARLA NEELEY, )
)
Petitioner, )
) No. 19-999V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 12, 2019, Darla Neeley (“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 right shoulder injury related to vaccine administration
(“SIRVA”) as a result of a pneumococcal conjugate vaccine (“PCV-13”) she received on
November 3, 2017.1 Petition at 1. On December 2, 2020, the Secretary of Health and Human
Services (“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded,
and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation on December 4, 2020. ECF No. 16; ECF No. 17.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $60,500.00 in actual pain and
suffering. Petitioner agrees.
1 Petitioner also received a flu vaccine in her left deltoid the same day. Exhibit (“Ex.”) 1 at 428.

Case 1:19-vv-00999-UNJ Document 28 Filed 04/07/21 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Darla Neeley’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent now proffers that,
based on the Chief Special Master’s entitlement decision and the evidence of record, petitioner
should be awarded past unreimbursable expenses in the amount of $105.00, as provided under
the Vaccine Act, 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 following2: a lump sum payment of $60,605.00, representing
compensation for pain and suffering ($60,500.00), and past unreimbursable expenses ($105.00),
in the form of a check payable to petitioner, Darla Neeley.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Darla Neeley: $ 60,605.00
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
2 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-00999-UNJ Document 28 Filed 04/07/21 Page 5 of 5
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 514-9729
Email: sarah.c.duncan@usdoj.gov
DATED: March 8, 2021
3