VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00462
Package ID: USCOURTS-cofc-1_20-vv-00462
Petitioner: Kelly Mox
Filed: 2020-04-20
Decided: 2023-02-27
Vaccine: Tdap
Vaccination date: 2018-01-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 192130

AI-assisted case summary:
Kelly Mox filed a petition for compensation under the National Vaccine Injury Compensation Program on April 20, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on January 10, 2018. The respondent conceded entitlement, agreeing that Ms. Mox had no prior shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the vaccinated shoulder, and no other condition explained her symptoms. The injury was also found to have lasted at least six months. A ruling on entitlement was issued on July 26, 2021. Subsequently, on January 23, 2023, the respondent filed a proffer on award of compensation, which Ms. Mox agreed to. The proffer detailed an award of $160,000.00 for pain and suffering, $25,727.67 for past and future lost wages, and $6,403.05 for out-of-pocket expenses, totaling $192,130.72. A decision awarding this amount was issued on February 27, 2023.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00462-0
Date issued/filed: 2021-08-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/26/2021) regarding 24 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00462-UNJ Document 27 Filed 08/26/21 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0462V
UNPUBLISHED
KELLY MOX, Chief Special Master Corcoran
Petitioner, Filed: July 26, 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.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 20, 2020, Kelly Mox 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 Tdap vaccine administered to her on January 10,
2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On July 26, 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.
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-00462-UNJ Document 27 Filed 08/26/21 Page 2 of 2
Specifically, Respondent agrees that Petitioner had no history of pain, inflammation, or
dysfunction in her left shoulder; Petitioner’s pain and reduced range of motion occurred
within 48 hours of receipt of an intramuscular vaccination; Petitioner’s symptoms were
limited to the shoulder in which the vaccine was administered; and no other condition or
abnormality was identified to explain Petitioner’s symptoms. Id. at 9. Respondent further
agrees that Petitioner has satisfied the statutory requirement that a petitioner’s injury must
last for at least six months as required by 42 U.S. C. § 300aa-11(c)(1)(D)(i). 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-00462-1
Date issued/filed: 2023-02-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/25/2023) regarding 48 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-00462-UNJ Document 49 Filed 02/27/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-462V
UNPUBLISHED
KELLY MOX, Chief Special Master Corcoran
Petitioner, Filed: January 25, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 20, 2020, Kelly Mox 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 an influenza (“flu”) vaccine administered on
January 10, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On July 26, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On July 26, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $192,130.72
(comprised of $160,000.00 for pain and suffering, $25,727.67 in past and future lost
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-00462-UNJ Document 49 Filed 02/27/23 Page 2 of 5
wages, and $6,403.05 for out-of-pocket 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 $192,130.72 (comprised of $160,000.00 for pain and suffering,
$25,727.67 in past and future wages, and $6,403.05 for unreimbursed medical
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-00462-UNJ Document 49 Filed 02/27/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
KELLY MOX, )
)
Petitioner, )
) No. 20-462V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 20, 2020, Kelly Mox (“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 Shoulder Injury Related to Vaccine Administration
(“SIRVA”), following administration of an influenza vaccine she received on January 10, 2018.
Petition at 1. On July 26, 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 SIRVA, and on the same day, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 23; ECF No. 24.
Items of Compensation
Pain and Suffering
Respondent proffers that petitioner should be awarded $160,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:20-vv-00462-UNJ Document 49 Filed 02/27/23 Page 4 of 5
Lost Wages
Respondent proffers that petitioner should be awarded $25,727.67 in past and future lost
wages. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
Past Out-of-Pocket Expenses
Respondent proffers that petitioner should be awarded past out-of-pocket expenses in the
amount of $6,403.05. 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.
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 $192,130.72, in the form of
a check payable to petitioner.
Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Kelly Mox: $192,130.72
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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-00462-UNJ Document 49 Filed 02/27/23 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Steven C. Santayana _____
STEVEN C. SANTAYANA
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) 451-7675
steven.c.santayana@usdoj.gov
Dated: January 23, 2023
3