VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01345
Package ID: USCOURTS-cofc-1_19-vv-01345
Petitioner: Jeffrey Warbritton
Filed: 2019-09-03
Decided: 2021-03-30
Vaccine: Tetanus and Diphtheria (Td)
Vaccination date: 2018-08-24
Condition: left shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47500

AI-assisted case summary:
Jeffrey Warbritton filed a petition for compensation on September 3, 2019, alleging that he suffered left shoulder injuries related to vaccine administration (SIRVA) as a result of a tetanus and diphtheria (Td) vaccine he received on August 24, 2018. The respondent conceded that Mr. Warbritton is entitled to compensation, agreeing that his injury met the criteria for SIRVA on the Vaccine Injury Table. Specifically, the respondent noted that Mr. Warbritton had no prior relevant shoulder history, his pain and reduced range of motion occurred within 48 hours of the vaccination, his symptoms were limited to the vaccinated shoulder, and no other condition explained his symptoms. A ruling on entitlement was issued on February 26, 2021, finding him entitled to compensation. Subsequently, on March 30, 2021, a decision awarding damages was issued, granting Mr. Warbritton a lump sum payment of $47,500.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01345-0
Date issued/filed: 2021-03-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/26/2021) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01345-UNJ Document 29 Filed 03/29/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1345V
UNPUBLISHED
JEFFREY WARBRITTON, Chief Special Master Corcoran
Petitioner, Filed: February 26, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus and Diphtheria
(Td) Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 3, 2019, Jeffrey Warbritton 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 and diphtheria vaccine received on
August 24, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On February 26, 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 has satisfied the criteria set forth in
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-01345-UNJ Document 29 Filed 03/29/21 Page 2 of 2
the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”)
for SIRVA due to an intramuscular Tetanus and Diphtheria vaccination. That is, petitioner
had no relevant history of pain, inflammation, or dysfunction in his left shoulder; his pain
and reduced range of motion occurred within 48 hours of receipt of an intramuscular
vaccination; his symptoms were limited to the shoulder in which the vaccine was
administered; and no other condition or abnormality was identified to explain his
symptoms.” Id. at 4-5. Respondent further agrees that “petitioner has satisfied all legal
prerequisites for compensation under the Vaccine Act.” Id. at 5.
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-01345-1
Date issued/filed: 2021-03-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/26/2021) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01345-UNJ Document 30 Filed 03/30/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1345V
UNPUBLISHED
JEFFREY WARBRITTON, Chief Special Master Corcoran
Petitioner, Filed: February 26, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus and Diphtheria (Td)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 3, 2019, Jeffrey Warbritton 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 and diphtheria vaccine received on
August 24, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On February 26, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On February 26, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $47,500.00.
Proffer at 5. 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-01345-UNJ Document 30 Filed 03/30/21 Page 2 of 2
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 Proffer, I award Petitioner a lump sum
payment of $47,500.00 (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