VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01614
Package ID: USCOURTS-cofc-1_19-vv-01614
Petitioner: Erica McNamara
Filed: 2019-10-16
Decided: 2021-09-16
Vaccine: Tdap
Vaccination date: 2018-06-09
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 63378

AI-assisted case summary:
Erica McNamara filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccination administered on June 9, 2018. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with a SIRVA injury as defined on the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on Respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Petitioner entitled to compensation. Subsequently, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $63,378.28, consisting of $62,500.00 for past pain and suffering and $878.28 for past unreimbursed expenses. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $63,378.28.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01614-0
Date issued/filed: 2021-07-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/03/2021) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01614-UNJ Document 36 Filed 07/06/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1614V
UNPUBLISHED
ERICA MCNAMARA, Chief Special Master Corcoran
Petitioner, Filed: June 3, 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.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 16, 2019, Erica McNamara 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccination that was administered to her on June 9, 2018. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On May 27, 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 “believes that [P]etitioner’s alleged injury is consistent with a
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-01614-UNJ Document 36 Filed 07/06/21 Page 2 of 2
SIRVA injury, as defined on the Vaccine Injury Table.” Id. at 3. Respondent further agrees
that Petitioner suffered the residual effects of her injury for more than six months. Id. at
4.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-01614-1
Date issued/filed: 2021-09-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/16/2021) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01614-UNJ Document 45 Filed 09/16/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1614V
UNPUBLISHED
ERICA MCNAMARA, Chief Special Master Corcoran
Petitioner, Filed: August 16, 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.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 16, 2019, Erica McNamara 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine that was administered to her on June 9, 2018. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 3, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 16, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $63,378.28 (consisting
of $62,500.00 for past pain and suffering and $878.28 for past unreimbursed expenses).
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-01614-UNJ Document 45 Filed 09/16/21 Page 2 of 4
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 $63,378.28 (consisting of $62,500.00 for past pain and suffering
and $878.28 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 Section 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-01614-UNJ Document 45 Filed 09/16/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
ERICA MCNAMARA, )
)
Petitioner, ) No. 19-1614V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On October 16, 2019, Erica McNamara (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that she suffered a left-side
Shoulder Injury Related to Vaccine Administration (“SIRVA”) resulting from a tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccination administered on June 9, 2018. See Petition.
On May 27, 2021, respondent filed his Vaccine Rule 4(c) report, conceding a Table injury for
SIRVA. ECF No. 33. On June 3, 2021, Chief Special Master Corcoran issued a ruling on
entitlement, finding that petitioner was entitled to compensation for SIRVA. ECF No. 34.
II. Items of Compensation
Based upon the evidence, respondent proffers that petitioner should be awarded a lump
sum of $63,378.28, consisting of $62,500.00 for past pain and suffering, and $878.28 for past
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-01614-UNJ Document 45 Filed 09/16/21 Page 4 of 4
unreimbursed expenses. This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $63,378.28, in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy 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: August 16, 2021 Fax: (202) 616-4310
Email: darryl.wishard@usdoj.gov
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