VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00251
Package ID: USCOURTS-cofc-1_20-vv-00251
Petitioner: Rhonda G. Shepherd
Filed: 2020-03-05
Decided: 2021-07-26
Vaccine: pneumococcal conjugate vaccine
Vaccination date: 2019-01-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60363

AI-assisted case summary:
Rhonda G. Shepherd filed a petition on March 5, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate vaccine on January 28, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 27, 2021, conceding that Ms. Shepherd is entitled to compensation for a SIRVA injury listed in the Vaccine Injury Table. The respondent agreed that Ms. Shepherd had met all legal requirements for compensation. On May 28, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Shepherd entitled to compensation. Subsequently, on July 21, 2021, the respondent filed a proffer on the award of compensation. This proffer indicated that Ms. Shepherd should be awarded $60,363.40, consisting of $60,000.00 for pain and suffering and $363.40 for unreimbursed expenses. The proffer stated that Ms. Shepherd agreed with this proposed award. On July 26, 2021, Chief Special Master Corcoran issued a decision awarding damages based on this proffer. The decision awarded Ms. Shepherd a lump sum payment of $60,363.40, payable by check to her. This amount was stated to represent compensation for all damages available under the Vaccine Act. Petitioner was represented by Michael G. McLaren of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Daniel Anthony Principato of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The specific mechanism of injury is not detailed beyond it being a Table SIRVA injury.

Theory of causation field:
Petitioner Rhonda G. Shepherd alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a pneumococcal conjugate vaccine administered on January 28, 2019. The respondent conceded entitlement, agreeing that the injury was a SIRVA Table injury. The case proceeded to an award based on a proffer. Petitioner was awarded $60,363.40, comprising $60,000.00 for pain and suffering and $363.40 for unreimbursed expenses. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on May 28, 2021, and the decision awarding damages on July 26, 2021. Petitioner was represented by Michael G. McLaren and respondent by Daniel Anthony Principato. The public text does not detail specific medical experts, the mechanism of injury beyond it being a Table SIRVA, or the specific onset and progression of symptoms.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00251-0
Date issued/filed: 2021-06-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/28/2021) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00251-UNJ Document 36 Filed 06/28/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-251V
UNPUBLISHED
RHONDA G. SHEPHERD, 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; Pneumococcal
Conjugate Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA)
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for
petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
On March 5, 2020, Rhonda Shepherd 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 pneumococcal conjugate vaccine administered
on January 18, 2019. 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-00251-UNJ Document 36 Filed 06/28/21 Page 2 of 2
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 has concluded that, based on the records filed in this case,
Petitioner suffered a Table SIRVA. Id. at 3. Respondent further agrees that Petitioner
has 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
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-00251-1
Date issued/filed: 2021-08-25
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/26/2021) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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CCaassee 11::2200--vvvv--0000225511--UUNNJJ DDooccuummeenntt 3490 FFiilleedd 0078//2265//2211 PPaaggee 11 ooff 25
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-251V
UNPUBLISHED
RHONDA G. SHEPHERD, Chief Special Master Corcoran
Petitioner, Filed: July 26, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Pneumococcal Conjugate Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
On March 5, 2020, Rhonda Shepherd 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”) caused by a pneumococcal conjugate vaccine administered on
January 28, 2019. Petition at 1. Petitioner further alleges that the vaccine was
administered within the United States; that she has suffered the sequalae of her injury for
more than six months, and that she has not received any compensation in the form of an
award or settlement for her vaccine-related injuries. Petition at 1, 5. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
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).

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On May 28, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On July 21, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $60,363.40 (comprised
of $60,000.00 for pain and suffering and $363.40 for unreimbursed expenses). 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 $60,363.40 (comprised of $60,000.00 for pain and suffering, and
$363.40 for unreimbursable expenses) 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

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
RHONDA G. SHEPHERD, ) No. 20-251V
) Chief Special Master Corcoran
Petitioner, ) ECF
)
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 5, 2020, Rhonda G. Shepherd (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq., alleging
that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in
the Vaccine Injury Table, following administration of a pneumococcal conjugate vaccine she
received on January 28, 2019. On May 27, 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, and on May 28, 2021, the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

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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 $363.40. 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 $60,363.40, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Rhonda G. Shepherd: $60,363.40
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

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DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Daniel A. Principato
DANIEL A. PRINCIPATO
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3662
Fax: (202) 353-2988
Dated: July 21, 2021
3