VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00203
Package ID: USCOURTS-cofc-1_20-vv-00203
Petitioner: Sandeep Bains
Filed: 2020-02-25
Decided: 2021-10-25
Vaccine: Tdap
Vaccination date: 2018-04-23
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
On February 25, 2020, Sandeep Bains filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Mr. Bains alleged that he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on April 23, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 16, 2021, conceding that Mr. Bains's claim met the Table criteria for SIRVA. The respondent agreed that Mr. Bains had no prior shoulder issues, experienced onset of pain within 48 hours of vaccination, and that the pain and reduced range of motion were limited to the injected shoulder, with no other condition explaining the symptoms. Based on this concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 19, 2021, finding Mr. Bains entitled to compensation. Subsequently, on October 25, 2021, the respondent filed a proffer recommending an award of $45,000.00 for pain and suffering. Mr. Bains agreed to this proffered award. On October 25, 2021, Chief Special Master Corcoran issued a decision awarding Mr. Bains a lump sum payment of $45,000.00 for pain and suffering, payable by check to Mr. Bains. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Christine Mary Becer of the U.S. Department of Justice.

Theory of causation field:
Petitioner Sandeep Bains alleged a left shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on April 2018-04-23. The respondent conceded that the claim met the Table criteria for SIRVA, including onset of pain within 48 hours of vaccination and limitation of pain and range of motion to the injected shoulder, with no prior history or other condition explaining the symptoms. This concession led to a ruling on entitlement on 2021-07-19 by Chief Special Master Brian H. Corcoran. A subsequent proffer on award of compensation was filed on 2021-10-25, recommending $45,000.00 for pain and suffering, which petitioner agreed to. Chief Special Master Corcoran issued a decision on 2021-10-25 awarding a lump sum of $45,000.00 to petitioner. Petitioner was represented by Paul R. Brazil, and respondent was represented by Christine Mary Becer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00203-0
Date issued/filed: 2021-08-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/19/2021) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00203-UNJ Document 25 Filed 08/18/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0203V
UNPUBLISHED
SANDEEP BAINS, Chief Special Master Corcoran
Petitioner, Filed: July 19, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 25, 2020, Sandeep Bains 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 from a left shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving the tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine on April 23, 2018. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On July 16, 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 reviewed the facts of this case and concludes
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-00203-UNJ Document 25 Filed 08/18/21 Page 2 of 2
that Petitioner’s claim mees the Table criteria for SIRVA. Id. at 3. Respondent further
agrees that “[P]etitioner had no history of pain, inflammation, or dysfunction of the affected
shoulder prior to intramuscular vaccine administration that would explain the alleged
signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine
injection; he suffered the onset of pain within forty-eight hours of vaccine administration;
his pain and reduced range of motion were limited to the shoulder in which the
intramuscular vaccine was administered; and there is no other condition or abnormality
present that would explain petitioner’s symptoms” and states that Petitioner is therefore
entitled to a presumption of vaccine causation. 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
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00203-1
Date issued/filed: 2021-11-30
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/25/2021) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00203-UNJ Document 32 Filed 11/30/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0203V
UNPUBLISHED
SANDEEP BAINS, Chief Special Master Corcoran
Petitioner, Filed: October 25, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 25, 2020, Sandeep Bains 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 from a left shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving the tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine on April 23, 2018. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On July 19, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On October 25, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $45,000.00, for pain and
suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with
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 1:20-vv-00203-UNJ Document 32 Filed 11/30/21 Page 2 of 5
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 $45,000.00 (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 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 1:20-vv-00203-UNJ Document 32 Filed 11/30/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
SANDEEP BAINS, )
)
Petitioner, )
) No. 20-203V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On July 16, 2021, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
sustained the onset of a left shoulder injury related to vaccine administration (“SIRVA”) within
the Table time period following a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine and
therefore sustained an injury that is compensable under the terms of the National Childhood
Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. ECF No. 21.
Accordingly, on July 19, 2021, the Chief Special Master issued a Ruling on Entitlement, finding
that petitioner was entitled to vaccine compensation for SIRVA following the Tdap vaccine he
received on April 23, 2018. ECF No. 22.
II. Items of Compensation
Respondent proffers that petitioner should be awarded $45,000.00 for pain and suffering.
This represents all elements of compensation to which petitioner is entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:20-vv-00203-UNJ Document 32 Filed 11/30/21 Page 4 of 5
III. 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 $45,000.00, in the form of a
check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Sandeep Bains: $45,000.00
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
ALEXIS B. BABCOCK
Assistant 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 pain and
suffering.
2

Case 1:20-vv-00203-UNJ Document 32 Filed 11/30/21 Page 5 of 5
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Christine.m.becer@usdoj.gov
DATED: October 25, 2021
3