VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00405
Package ID: USCOURTS-cofc-1_20-vv-00405
Petitioner: Neva Bernier
Filed: 2020-04-08
Decided: 2022-01-25
Vaccine: Tdap
Vaccination date: 2019-03-26
Condition: bilateral shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 124111

AI-assisted case summary:
Neva Bernier filed a petition for compensation on April 8, 2020, alleging she suffered bilateral shoulder injury related to vaccine administration (SIRVA) after receiving Tdap, pneumococcal, and meningococcal B vaccinations on March 26, 2019. The respondent conceded that Ms. Bernier was entitled to compensation, agreeing that her injury met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The respondent noted that Ms. Bernier had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of vaccination, and her symptoms were limited to the injection sites. Based on the respondent's concession and the evidence, the Chief Special Master ruled Ms. Bernier entitled to compensation. Subsequently, on January 25, 2022, a decision on damages was issued, awarding Ms. Bernier a lump sum of $124,111.71, which included $122,000.00 for pain and suffering and $2,111.71 for past unreimbursable expenses. Ms. Bernier is a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00405-0
Date issued/filed: 2021-10-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/13/2021) 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-00405-UNJ Document 24 Filed 10/14/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0405V
UNPUBLISHED
NEVA BERNIER, Chief Special Master Corcoran
Petitioner, Filed: September 13, 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 Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Althea Davis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 8, 2020, Neva Bernier 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 the experienced bilateral shoulder injury related to vaccine
administration (SIRVA) resulting from Tdap, pneumococcal, and meningococcal B
vaccinations received on March 26, 2019. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 13, 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, it is Respondent’s position 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00405-UNJ Document 24 Filed 10/14/21 Page 2 of 2
criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to
Interpretation. Id. at 7. Respondent further agrees that Petitioner had no history of pain,
inflammation, or dysfunction in her shoulders; Petitioner’s pain and reduced range of
motion occurred within 48 hours of receipt of an intramuscular vaccinations; Petitioner’s
symptoms were limited to the shoulders in which the vaccines were administered; and no
other condition or abnormality was identified to explain her symptoms. 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-00405-1
Date issued/filed: 2022-01-25
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/23/2021) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00405-UNJ Document 33 Filed 01/25/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0405V
UNPUBLISHED
NEVA BERNIER, Chief Special Master Corcoran
Petitioner, Filed: December 23, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision on Proffer;
HUMAN SERVICES, Concession; Table Injury; Tetanus
Diphtheria acellular Pertussis (Tdap)
Respondent. Vaccine; Shoulder Injury Related to
Vaccine Administration (SIRVA).
Leah Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Althea Davis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On April 8, 2020, Neva Bernier 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 alleged that the experienced bilateral shoulder injury related to vaccine
administration (SIRVA) resulting from Tdap, pneumococcal, and meningococcal B
vaccinations received on March 26, 2019. Petition at 1. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00405-UNJ Document 33 Filed 01/25/22 Page 2 of 4
On September 13, 2021, I issued a ruling that Petitioner was entitled to
compensation for her SIRVA. ECF No. 22. On December 23, 2021, Respondent filed a
proffer on an award of compensation, to which Petitioner agrees. ECF No. 28 (attached
hereto as Exhibit A). 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 $124,111.71 (representing $122,000.00 for pain and suffering, and
$2,111.71 for past unreimbursable expenses). 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.

Case 1:20-vv-00405-UNJ Document 33 Filed 01/25/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
NEVA BERNIER )
)
Petitioner, ) No. 20-405V
) Chief Special Master
v. ) Brian H. Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On April 8, 2020, Neva Bernier (“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. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on September 13, 2021. ECF No. 21. Based on
Respondent’s Rule 4(c) Report, that same day, Chief Special Master Corcoran found petitioner
entitled to compensation for her bilateral SIRVA injuries. ECF No. 22.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$124,111.71. The award is comprised of $122,000.00 for pain and suffering, and $2,111.71 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 $124,111.71, in the form of a check made payable to petitioner.

Case 1:20-vv-00405-UNJ Document 33 Filed 01/25/22 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
ALEXIS B. BABCOCK
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: December 23, 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.
2