VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00593
Package ID: USCOURTS-cofc-1_20-vv-00593
Petitioner: Angela Kalail
Filed: 2020-05-12
Decided: 2022-09-21
Vaccine: Tdap
Vaccination date: 2018-10-31
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 156150

AI-assisted case summary:
Angela Kalail filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccine, received on October 31, 2018, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that Petitioner's claim met the Table criteria for SIRVA, entitling her to a presumption of causation. Although she also received a Pneumovax vaccine concurrently, the respondent did not believe the evidence overcame the presumption for the Tdap vaccine. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and the injury met the statutory severity requirement of lasting more than six months. Petitioner affirmed she had not received prior compensation for this injury. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, a damages decision was issued based on a proffer. The court awarded Angela Kalail a lump sum of $156,150.68, which included $150,000.00 for pain and suffering, $3,681.45 for past unreimbursed expenses, and $2,469.23 for after-tax net loss of earnings.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00593-0
Date issued/filed: 2022-09-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/08/2022) regarding 45 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.
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Case 1:20-vv-00593-UNJ Document 51 Filed 09/09/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0593V
UNPUBLISHED
ANGELA KALAIL, Chief Special Master Corcoran
Petitioner,
v. Filed: August 8, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Tetanus-Diphtheria-
Respondent. Acellular Pertussis (Tdap) Vaccine;
Shoulder Injury Related to Vaccine
Administration (SIRVA).
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 12, 2020, Angela Kalail 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 that as a result of a tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine received in her right deltoid on October 31, 2018, she suffered
a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On August 4, 2022, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner’s claim meets the Table criteria for SIRVA. Respondent’s Rule 4(c) Report
at 6 (citing 42 C.F.R. § 100.3 (a), (c)(10)). Therefore, Petitioner is entitled to a presumption
of vaccine causation.
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-00593-UNJ Document 51 Filed 09/09/22 Page 2 of 2
Respondent adds: “Although Petitioner also received a non-covered vaccine
(Pneumovax) in her right deltoid contemporaneously with her covered Tdap vaccine,
Respondent believes the record insufficient to establish by preponderant evidence that
her injury was in fact caused by the non-covered vaccine. Accordingly, the evidence in
this case does not overcome the Table presumption of causation with regard to
Petitioner’s Tdap vaccination.” Id. at 6 (citing Section 13(a)(1)(B)).
With regard to other statutory and jurisdictional issues, Respondent agrees that
the records show that the case was timely filed, that the covered vaccine was received in
the United States, and that Petitioner satisfied the statutory severity requirement by
suffering the residual effects or complications of her injury for more than six months after
vaccine administration. Id. at 6 (citing Section 11(c)(1)(D)(i)). Petitioner also avers that
she has never received an award or settlement, or filed a civil action, for the injury
claimed. Id. (citing Ex. 6 at 2). Thus, Respondent concedes that entitlement is
compensation is appropriate under the terms of 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

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00593-1
Date issued/filed: 2022-09-21
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/22/2022) regarding 47 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.
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Case 1:20-vv-00593-UNJ Document 52 Filed 09/21/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0593V
UNPUBLISHED
ANGELA KALAIL, Chief Special Master Corcoran
Petitioner,
v. Filed: August 22, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision based on Proffer;
Tetanus-Diphtheria-Acellular
Respondent. Pertussis (Tdap) Vaccine; Shoulder
Injury Related to Vaccine
Administration (SIRVA).
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On May 12, 2020, Angela Kalail 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 that as a result of a tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine received in her right deltoid on October 31, 2018, she suffered
a shoulder injury related to vaccine administration (“SIRVA”). 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-00593-UNJ Document 52 Filed 09/21/22 Page 2 of 4
On August 8, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On August 19, 2022, Respondent filed a proffer on award of
compensation. 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 $156,150.68 (representing $150,000.00 for actual and projected
pain and suffering at net present value, $3,681.45 for past unreimbursed expenses,
and $2,469.23 for after-tax net loss of earnings) 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-00593-UNJ Document 52 Filed 09/21/22 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ANGELA KALAIL,
Petitioner,
v. No. 20-593V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 4, 2022, respondent filed his Rule 4(c) Report, recommending that the Court
find petitioner entitled to compensation specifically for a shoulder injury related to vaccine
administration (SIRVA) and related sequelae, regarding which petitioner is entitled to a
presumption of causation under the Vaccine Injury Table. ECF No. 44. The Court found
petitioner entitled to compensation accordingly in an August 8, 2022 Ruling on Entitlement.
ECF No. 45. Respondent now proffers that petitioner be awarded a lump sum of $156,150.68, in
the form of a check payable to petitioner, for all damages available pursuant to 42 U.S.C.
§ 300aa-15(a).1 Of this total amount, $150,000.00 represents an award for actual and projected
pain and suffering at net present value; $3,681.45 represents an award for past unreimbursed
expenses; and $2,469.23 represents an after-tax net loss of earnings. Petitioner is a competent
adult, and accordingly, guardianship documentation is not required.
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 medical
expenses, future pain and suffering, and future lost wages.

Case 1:20-vv-00593-UNJ Document 52 Filed 09/21/22 Page 4 of 4
Petitioner has reviewed the foregoing and concurs. Petitioner agrees with the proffered
award of $156,150.68.2
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy 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/ RYAN D. PYLES
RYAN D. PYLES
Senior 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) 616-9847
ryan.pyles@usdoj.gov
Dated: August 19, 2022
2 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).