VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00006
Package ID: USCOURTS-cofc-1_20-vv-00006
Petitioner: Elaine Vasilopoulos
Filed: 2020-01-03
Decided: 2022-03-16
Vaccine: Tdap
Vaccination date: 2018-08-22
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 79145

AI-assisted case summary:
On January 3, 2020, Elaine Vasilopoulos filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on August 22, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 7, 2021, conceding that Ms. Vasilopoulos's claim met the Table criteria for SIRVA and that she was entitled to compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 15, 2021, finding Ms. Vasilopoulos entitled to compensation. Subsequently, on February 14, 2022, the respondent filed a proffer on an award of compensation, which Ms. Vasilopoulos agreed to. On March 16, 2022, Chief Special Master Corcoran issued a decision awarding Ms. Vasilopoulos a lump sum payment of $79,145.75. This award included $75,000.00 for pain and suffering and $4,145.75 for past unreimbursable expenses, representing compensation for all damages available under the program. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Catherine Elizabeth Stolar of the U.S. Department of Justice.

Theory of causation field:
Petitioner Elaine Vasilopoulos filed a petition on January 3, 2020, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on August 22, 2018. The respondent conceded that the claim met the Table criteria for SIRVA. A Ruling on Entitlement was issued on June 15, 2021, finding petitioner entitled to compensation. A Damages Decision Based on Proffer was issued on March 16, 2022, awarding petitioner a lump sum of $79,145.75, consisting of $75,000.00 for pain and suffering and $4,145.75 for past unreimbursable expenses. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings beyond the diagnosis of SIRVA. Petitioner was represented by Leah VaSahnja Durant and respondent by Catherine Elizabeth Stolar. Chief Special Master Brian H. Corcoran presided over the entitlement ruling and the damages decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00006-0
Date issued/filed: 2021-07-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/15/2021) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00006-UNJ Document 31 Filed 07/16/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-6V
UNPUBLISHED
ELAINE VASILOPOULOS, Chief Special Master Corcoran
Petitioner, Filed: June 15, 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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
On January 3, 2020, Elaine Vasilopoulos 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 administered on August 22, 2018. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
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 1:20-vv-00006-UNJ Document 31 Filed 07/16/21 Page 2 of 2
On June 7, 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 concludes that Petitioner’s claim meets the Table criteria for
SIRVA. Id. at 7.
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_20-vv-00006-1
Date issued/filed: 2022-03-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/14/2022) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00006-UNJ Document 43 Filed 03/16/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0006V
UNPUBLISHED
ELAINE VASILOPOULOS, Chief Special Master Corcoran
Petitioner,
v. Filed: February 14, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision Based on Proffer;
Tetanus-Diphtheria-Acellular
Respondent. Pertussis (Tdap); Shoulder Injury
Related to Vaccine Administration
(“SIRVA”).
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On January 3, 2020, Elaine Vasilopoulos 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 administered on August 22, 2018. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
1 Because this unpublished opinion 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 opinion 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 1:20-vv-00006-UNJ Document 43 Filed 03/16/22 Page 2 of 5
On June 15, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a Table shoulder injury related to vaccine administration (“SIRVA”). On
February 14, 2022, Respondent filed a proffer on an award of compensation (“Proffer”).
In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
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 $79,145.75 (representing $75,000.00 for pain and suffering and
$4,145.75 for past unreimbursable 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 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 1:20-vv-00006-UNJ Document 43 Filed 03/16/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ELAINE VASILOPOULOS, )
)
Petitioner, ) No. 20-6V
) Chief Special Master Corcoran
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 3, 2020, Elaine Vasilopoulos (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of a
tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she received on August 22, 2018.
Petition at 1. On June 7, 2021, the Secretary of Health and Human Services (“respondent”) filed
a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of
the Act for a SIRVA Table injury. ECF No. 27. On June 15, 2021, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 29.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00006-UNJ Document 43 Filed 03/16/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $4,145.75. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $79,145.75, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Elaine Vasilopoulos: $79,145.75
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
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:20-vv-00006-UNJ Document 43 Filed 03/16/22 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Catherine E. Stolar
CATHERINE E. STOLAR
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) 353-3299
Fax: (202) 616-4310
Email: catherine.stolar@usdoj.gov
DATED: February 14, 2022
3