VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01255
Package ID: USCOURTS-cofc-1_19-vv-01255
Petitioner: Wesley Greene
Filed: 2021-03-31
Decided: 2021-05-07
Vaccine: Tdap
Vaccination date: 2018-05-07
Condition: left shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Wesley Greene filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of a Tetanus, Diphtheria and Pertussis (Tdap) vaccine he received on May 7, 2018. The respondent conceded that Greene's claim met the Table criteria for SIRVA, noting that his prior shoulder injury had resolved and that he experienced pain and reduced range of motion limited to the injection site within 48 hours of vaccination. The respondent also confirmed the case was timely filed, the vaccine was administered in the United States, the injury lasted at least six months, and no prior action or compensation had been received. Based on the respondent's concession and the evidence, the Chief Special Master found Greene entitled to compensation. Subsequently, the parties agreed to a damages award. The court awarded Greene a lump sum of $55,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01255-0
Date issued/filed: 2021-05-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/31/2021) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01255-UNJ Document 30 Filed 05/05/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1255V
UNPUBLISHED
WESLEY GREENE, Chief Special Master Corcoran
Petitioner, Filed: March 31, 2021
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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 22, 2019, Wesley Greene 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 and Pertussis (“Tdap”)
vaccine received on May 7, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 29, 2021, 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 claim meets the Table criteria for
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-01255-UNJ Document 30 Filed 05/05/21 Page 2 of 2
SIRVA. Specifically, petitioner’s prior left shoulder injury had apparently resolved over
one year before his May 7, 2018 Tdap vaccination, and he therefore had no apparent
history of pain, inflammation, or dysfunction of the affected shoulder prior to the
vaccination that would explain the alleged signs, symptoms, examination findings, and/or
diagnostic studies occurring after vaccination. Additionally, Petitioner more likely than not
suffered the onset of pain within forty-eight hours of vaccination; his pain and reduced
range of motion were limited to the shoulder in which the vaccine was administered; and
no other condition or abnormality has been identified that would explain his symptoms.”
Id. at 7-8. Respondent further agrees that the case was timely filed; Petitioner received
the Tdap vaccine in the United States; the Tdap vaccine is set forth in the Table;
Petitioner’s injury lasted for at least six months; and Petitioner has not filed a prior action
or received any prior compensation or award for an injury related to this vaccine. Id. Thus,
Respondent agrees that Petitioner has satisfied all legal prerequisites for compensation
under the Act.
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-01255-1
Date issued/filed: 2021-05-07
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/07/2021) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01255-UNJ Document 31 Filed 05/07/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1255V
UNPUBLISHED
WESLEY GREENE, Chief Special Master Corcoran
Petitioner, Filed: April 7, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 22, 2019, Wesley Greene 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 and Pertussis (“Tdap”)
vaccine received on May 7, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 31, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On April 6, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $55,000.00. Proffer at
1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
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-01255-UNJ Document 31 Filed 05/07/21 Page 2 of 4
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 $55,000.00 (all 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-01255-UNJ Document 31 Filed 05/07/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
WESLEY GREENE, )
)
Petitioner, )
) No. 19-1255V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 22, 2019, Wesley Greene (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2018)
(the “Vaccine Act”). Petitioner alleged that he suffered a shoulder injury related to vaccine
administration (“SIRVA”). ECF No. 1 (Petition) at 1.
On March 29, 2021, respondent filed a report conceding that compensation under the
Vaccine Act is appropriate in this case. ECF No. 22.
On Mach 31, 2021, the Chief Special Master issued a Ruling on Entitlement, finding that
petitioner is entitled to compensation. ECF No. 23. On the same date, the Chief Special Master
issued a Damages Order. ECF No. 24.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$55,000.00. The award is comprised of the following: $55,000.00 for pain and suffering. This
amount represents all elements of compensation to which petitioner would be entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:19-vv-01255-UNJ Document 31 Filed 05/07/21 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $55,000.00, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
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/ Naseem Kourosh
NASEEM KOUROSH
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) 598-0899
E-mail: Naseem.Kourosh@usdoj.gov
DATED: April 6, 2021