VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01691
Package ID: USCOURTS-cofc-1_19-vv-01691
Petitioner: Emily Hirst
Filed: 2019-10-30
Decided: 2021-10-08
Vaccine: Tdap
Vaccination date: 2017-06-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 104297

AI-assisted case summary:
Emily Hirst filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she received a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine in her left deltoid on June 11, 2017. She claimed to have sustained a shoulder injury related to vaccine administration (SIRVA) as defined in the Vaccine Injury Table. The respondent conceded that Ms. Hirst satisfied the criteria for SIRVA under the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The respondent confirmed that Ms. Hirst had no prior history of shoulder issues, her pain and reduced range of motion began within 48 hours of the vaccination, her symptoms were confined to the injection shoulder, and no other condition explained her symptoms. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, the parties reached a stipulation for damages. The respondent proffered an award of $104,297.41, comprising $102,500.00 for pain and suffering and $1,797.41 for past unreimbursable out-of-pocket expenses. Ms. Hirst agreed to this award. The court issued a decision awarding the stipulated lump sum payment to Ms. Hirst.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01691-0
Date issued/filed: 2021-06-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/28/2021) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01691-UNJ Document 36 Filed 06/28/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1691V
UNPUBLISHED
EMILY HIRST, Chief Special Master Corcoran
Petitioner, Filed: May 28, 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)
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 October 30, 2019, Emily Hirst 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 received a “Dtap vaccine” in her left deltoid on
June 11, 2017, and sustained a shoulder injury related to vaccine administration
(“SIRVA”) as defined in the Vaccine Injury Table.” See Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On May 28, 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 states that he has “determined that petitioner has satisfied the
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-01691-UNJ Document 36 Filed 06/28/21 Page 2 of 2
criteria set forth in the Vaccine Injury Table (‘Table’) and the Qualifications and Aids to
Interpretation (‘QAI’) for SIRVA due to an intramuscular [Tdap]3 vaccination.” Id. at 6.
Respondent further agrees that “[P]etitioner had no relevant history of pain, inflammation,
or dysfunction in her left shoulder; her pain and reduced range of motion occurred within
48 hours of receipt of an intramuscular vaccination; her symptoms were limited to the
shoulder in which the vaccine was administered; and no other condition or abnormality
was identified to explain her symptoms” and she has therefore satisfied all legal
prerequisites for compensation under the Vaccine 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
3 The Rule 4(c) Report contains a typo identifying the vaccination at issue as the hepatitis B vaccine when
it should state the Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine.
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01691-1
Date issued/filed: 2021-10-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/02/2021) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01691-UNJ Document 44 Filed 10/08/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1691V
UNPUBLISHED
EMILY HIRST, Chief Special Master Corcoran
Petitioner, Filed: September 2, 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)
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 October 30, 2019, Emily Hirst 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 received a Tetanus Diphtheria acellular
Pertussis (Tdap) vaccine in her left deltoid on June 11, 2017, and sustained a shoulder
injury related to vaccine administration (“SIRVA”) as defined in the Vaccine Injury Table.
Petition at Preamble. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On May 28, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On September 1, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $104,297.41,
(consisting of $102,500.00 for pain and suffering and $1,797.41 for past unreimbursable
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-01691-UNJ Document 44 Filed 10/08/21 Page 2 of 4
out-of-pocket expenses). Proffer at 1. 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 $104,297.41 (consisting of $102,500.00 for pain and suffering and
$1,797.41 for past unreimbursable out-of-pocket 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-01691-UNJ Document 44 Filed 10/08/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
EMILY HIRST, )
)
Petitioner, ) No. 19-1691V
) Chief Special Master
v. ) Brian H. Corcoran
) SPU
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On October 30, 2019, Emily Hirst (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the
Act”), 42 U.S.C. §§ 300aa-1 to -34. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on May 28, 2021. (ECF No. 32) Based on
Respondent’s Rule 4(c) Report, that same day Chief Special Master Corcoran found petitioner
entitled to compensation for her left shoulder SIRVA injury. (ECF No. 33)
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$104,297.41. The award is comprised of $102,500.00 for pain and suffering, and $1,797.41 for
past unreimbursable out-of-pocket medical expenses. This represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $104,297.41, in the form of a check made payable to petitioner.

Case 1:19-vv-01691-UNJ Document 44 Filed 10/08/21 Page 4 of 4
1 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
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/Althea Walker Davis
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
Althea.Davis@usdoj.gov
DATED: September 1, 2021
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.