VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01129
Package ID: USCOURTS-cofc-1_19-vv-01129
Petitioner: Kathy Brimner
Filed: 2019-08-05
Decided: 2021-03-01
Vaccine: Tdap
Vaccination date: 2018-05-13
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 76045

AI-assisted case summary:
Kathy Brimner filed a petition on August 5, 2019, alleging that a Tetanus Diphtheria acellular Pertussis (Tdap) vaccination she received on May 13, 2018, caused a Shoulder Injury Related to Vaccine Administration (SIRVA). The case was assigned to the Special Processing Unit. On December 15, 2020, the Respondent filed a Rule 4(c) report conceding entitlement. The Respondent stated that the petitioner's alleged injury was consistent with SIRVA of the left arm and met the requirements of a Table injury claim stemming from the Tdap vaccination. The Respondent further indicated that no other causes for the petitioner's left arm injury were identified and that she suffered the sequelae of this injury for more than six months, thus meeting the statutory requirements for entitlement. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 18, 2020, finding Petitioner entitled to compensation. Subsequently, on January 14, 2021, the parties filed a proffer on the award of compensation. The Respondent proffered that Kathy Brimner should be awarded $76,045.45, consisting of $75,000.00 for pain and suffering and $1,045.45 for past unreimbursed expenses. The Petitioner agreed with this award. Chief Special Master Corcoran issued a decision on March 1, 2021, awarding Petitioner the stipulated lump sum of $76,045.45, payable by check to Petitioner. This amount represents compensation for all damages available under § 15(a). Petitioner was represented by Gary A. Butler of Massa Butler Giglione, and Respondent was represented by Darryl R. Wishard of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kathy Brimner alleged SIRVA resulting from a May 13, 2018 Tdap vaccination. Respondent conceded entitlement, agreeing the injury was consistent with SIRVA of the left arm, met the requirements of a Table injury claim, had no other identified causes, and resulted in sequelae for more than six months. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 18, 2020, and a decision awarding damages on March 1, 2021. The award was a stipulated lump sum of $76,045.45, comprising $75,000.00 for pain and suffering and $1,045.45 for past unreimbursed expenses. Petitioner was represented by Gary A. Butler, and Respondent by Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01129-0
Date issued/filed: 2021-02-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/18/2020) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01129-UNJ Document 40 Filed 02/08/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1129V
UNPUBLISHED
KATHY BRIMNER, Chief Special Master Corcoran
Petitioner, Filed: December 18, 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)
Gary A. Butler, Massa Butler Giglione, Pittsburgh, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 5, 2019, Kathy Brimner 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 Shoulder Injury Related to Vaccine Administration
(“SIRVA”) as a result of her May 13, 2018 Tetanus Diphtheria acellular Pertussis (“Tdap”)
vaccination. Petition at 1-6,7. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On December 15, 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
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-01129-UNJ Document 40 Filed 02/08/21 Page 2 of 2
DICP has reviewed the petition and medical records filed in the case, and
concluded that compensation is appropriate. DICP has concluded that
petitioner’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 Tdap vaccination on May 13, 2018.
Id. at 3. Respondent further indicates that “DICP did not identify any other causes for
petitioner’s left arm injury, and records show that she suffered the sequela of this injury
for more than six months. Based on the medical records outlined above, petitioner has
met the statutory requirements for entitlement to compensation.” Id. (citing 42 U.S.C. §
300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)).
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-01129-1
Date issued/filed: 2021-03-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/14/2021) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01129-UNJ Document 41 Filed 03/01/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1129V
UNPUBLISHED
KATHY BRIMNER, Chief Special Master Corcoran
Petitioner, Filed: January 14, 2021
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)
Gary A Butler, Massa Butler Giglione, Pittsburgh, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 5, 2019, Kathy Brimner 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 that she suffered a Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of her May 13, 2018 Tetanus
Diphtheria acellular Pertussis (“Tdap”) vaccination. Petition at 1,6-7. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On December 18, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On January 14, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $76,045.45,
consisting of $75,000.00 for pain and suffering, and $1,045.45 for past unreimbursed
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-01129-UNJ Document 41 Filed 03/01/21 Page 2 of 4
expenses. Proffer at 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 $76,045.45 (consisting of $75,000.00 for pain and suffering, and
$1,045.45 for past unreimbursed 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-01129-UNJ Document 41 Filed 03/01/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
KATHY BRIMNER, )
)
Petitioner, ) No. 19-1129V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On August 5, 2019, Kathy Brimner (“petitioner”) file a petition alleging that a tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccination that she received on May 13, 2018, caused a
shoulder injury related to vaccine administration (“SIRVA”). See Petition. On December 15,
2020, respondent filed his Vaccine Rule 4(c) report, conceding a Table injury for SIRVA. On
December 18, 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 $76,045.45, consisting of $75,000.00 for pain and suffering, and $1,045.45 for
past unreimbursed expenses. 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-01129-UNJ Document 41 Filed 03/01/21 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 $76,045.45, 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
HEATHER L. PEARLMAN
Acting 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: January 14, 2021 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