VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00727
Package ID: USCOURTS-cofc-1_20-vv-00727
Petitioner: Richard Stenger
Filed: 2021-10-29
Decided: 2022-03-30
Vaccine: Tdap
Vaccination date: 2018-04-16
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 68011

AI-assisted case summary:
Richard Stenger filed a petition for compensation under the National Vaccine Injury Compensation Program on June 17, 2020, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on April 16, 2018. The case was assigned to the Special Processing Unit. On October 29, 2021, Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation. Respondent stated that Petitioner had no prior history of pain, inflammation, or dysfunction in his left shoulder, that his pain occurred within 48 hours of the vaccination, that the pain and reduced range of motion were limited to the shoulder where the vaccine was administered, and that no other condition explained his symptoms. Respondent also agreed that the statutory six-month sequela requirement was satisfied. Based on Respondent's concession and the evidence, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 29, 2021, finding Petitioner entitled to compensation. Subsequently, on February 18, 2022, Respondent filed a proffer on the award of compensation. Petitioner, a competent adult, agreed with the proffered award. On March 30, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages, granting Petitioner a lump sum payment of $68,011.23. This award consisted of $67,500.00 for pain and suffering and $511.23 for past unreimbursed medical expenses. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and Respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Richard Stenger alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on April 16, 2018. Respondent conceded that Petitioner's claim met the Table criteria for SIRVA. The public decision does not describe the specific mechanism of injury or name any medical experts. Petitioner was awarded $68,011.23, consisting of $67,500.00 for pain and suffering and $511.23 for past unreimbursed medical expenses. The Ruling on Entitlement was issued on October 29, 2021, by Chief Special Master Brian H. Corcoran, and the Decision Awarding Damages was issued on March 30, 2022, by Chief Special Master Brian H. Corcoran. Petitioner was represented by Paul R. Brazil, and Respondent was represented by Debra A. Filteau Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00727-0
Date issued/filed: 2021-12-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/29/2021) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00727-UNJ Document 26 Filed 12/03/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0727V
UNPUBLISHED
RICHARD STENGER, Chief Special Master Corcoran
Petitioner, Filed: October 29, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 17, 2020, Richard Stenger 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 he suffered a left SIRVA after receiving a Tdap
vaccine on April 16, 2018. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On October 29, 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, Petitioner had no history of pain, inflammation, or dysfunction in his left
shoulder; Petitioner’s pain occurred within 48 hours of receipt of an intramuscular
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-00727-UNJ Document 26 Filed 12/03/21 Page 2 of 2
vaccination; Petitioner’s pain and reduced range of motion were limited to the shoulder in
which the vaccine was administered; and no other condition or abnormality was identified
to explain his symptoms. Id. at 4. Respondent further agrees that the statutory six-month
sequela requirement has been satisfied. Id. at 5.
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-00727-1
Date issued/filed: 2022-03-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/22/2022) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00727-UNJ Document 34 Filed 03/30/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0727V
UNPUBLISHED
RICHARD STENGER, Chief Special Master Corcoran
Petitioner, Filed: February 22, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 17, 2020, Richard Stenger 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 he suffered a left shoulder injury related to vaccine
administration (SIRVA) after receiving a Tdap vaccine on April 16, 2018. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 29, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a left SIRVA. On February 18, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $68,011.23.
Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the
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-00727-UNJ Document 34 Filed 03/30/22 Page 2 of 4
proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an
award as stated in the Proffer.
Accordingly, pursuant to the terms stated in the attached Proffer, I award Petitioner
a lump sum payment of $68,011.23 in the form of a check payable to Petitioner. Id. This
consists of (1) $67,500.00 for pain and suffering and (2) $511.23 for past
unreimbursed medical expenses. Id. at 1.
These amounts represent compensation for all damages that would be available
under Section 15(a). Id.
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-00727-UNJ Document 34 Filed 03/30/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
RICHARD STENGER, *
*
Petitioner, * No. 20-727V
* Chief Special Master Corcoran
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 29, 2021, respondent filed a Rule 4(c) Report, conceding that petitioner’s
claim meets the Table criteria for a SIRVA injury. On that same day, the Court issued a Ruling
on Entitlement finding petitioner entitled to compensation under the Vaccine Act.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following, and requests that the Chief Special Master’s decision and the Court’s judgment
award:
a. a lump sum payment of $67,500.00, which represents compensation for pain and
suffering, see 42 U.S.C. § 300aa-15(a)(4), and
b. a lump sum payment of $511.23, which represents compensation for past
unreimbursed medical expenses, see 42 U.S.C. § 300aa-15(a)(1).
These amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
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 pain
and suffering.

Case 1:20-vv-00727-UNJ Document 34 Filed 03/30/22 Page 4 of 4
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that petitioner be awarded a lump sum payment of $68,011.23, in the
form of a check payable to petitioner. Petitioner agrees.
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Senior 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) 616-4181
Dated: February 18, 2022
2