VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00652
Package ID: USCOURTS-cofc-1_20-vv-00652
Petitioner: L. R.
Filed: 2021-12-22
Decided: 2022-07-15
Vaccine: Tetanus diphtheria
Vaccination date: 2017-12-05
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50496

AI-assisted case summary:
L. R. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of a Tetanus diphtheria (Td) vaccine administered on December 5, 2017. She stated that the vaccine was given in the United States and that she suffered residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that L. R. is entitled to compensation. The respondent agreed that L. R. satisfied the criteria for SIRVA on the Vaccine Injury Table, that the case was timely filed, that the vaccine was administered in the United States, and that the statutory severity requirement was met. Based on the respondent's concession and the evidence, the court found L. R. entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, indicating that L. R. should be awarded $50,496.16, which included $50,000.00 for pain and suffering and $496.16 for past unreimbursable expenses. L. R. agreed with this proffered award. The court awarded L. R. the lump sum of $50,496.16.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00652-0
Date issued/filed: 2022-04-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/22/2021) regarding 42 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00652-UNJ Document 52 Filed 04/11/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0652V
UNPUBLISHED
L. R., Chief Special Master Corcoran
Petitioner, Filed: December 22, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus diphtheria (Td)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On May 28, 2020, L. R. 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 right shoulder injury related to vaccine
administration (“SIRVA”) as a result of a Tetanus diphtheria (“Td”) vaccine administered
on December 5, 2017. Petition at 1-2. Petitioner further alleges that the vaccine was
administered in the United States, she suffered the residual effects of her injury for more
than six months after administration of the Td vaccine, and no lawsuits have been filed or
settlements or awards accepted by anyone, including Petitioner, due to her vaccine-
related injury. Petition at ¶¶ 10-12. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:20-vv-00652-UNJ Document 52 Filed 04/11/22 Page 2 of 2
On December 21, 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 agrees that “petitioner has satisfied the criteria set
forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
(“QAI”) for SIRVA.” Id. at 3. Respondent further agrees that “the records show that
petitioner timely filed her case, that she received the Td vaccine in the United States, and
that she satisfies the statutory severity requirement by suffering the residual effects or
complications of her injury for more than six months after vaccine administration.” 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-00652-1
Date issued/filed: 2022-08-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/15/2022) regarding 58 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-00652-UNJ Document 62 Filed 08/15/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0652V
UNPUBLISHED
L.R., Chief Special Master Corcoran
Petitioner, Filed: July 15, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria (Td) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On May 28, 2020, L. R. 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 right shoulder injury related to vaccine
administration (“SIRVA”) as a result of a Tetanus diphtheria (“Td”) vaccine administered
on December 5, 2017. Petition at 1-2. Petitioner further alleges that the vaccine was
administered in the United States, she suffered the residual effects of her injury for more
than six months after administration of the Td vaccine, and no lawsuits have been filed or
settlements or awards accepted by anyone, including Petitioner, due to her vaccine-
related injury. Petition at ¶¶ 10-12. 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-00652-UNJ Document 62 Filed 08/15/22 Page 2 of 2
On December 22, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On July 15, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $50,496.16.
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 Proffer, I award Petitioner a lump sum
payment of $50,496.16 (representing $50,000.00 in pain and suffering and $496.16
in past unreimbursable 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