VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00962
Package ID: USCOURTS-cofc-1_20-vv-00962
Petitioner: Sharon Sirkis
Filed: 2020-08-03
Decided: 2023-03-28
Vaccine: Tdap
Vaccination date: 2018-11-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 111165

AI-assisted case summary:
Sharon Sirkis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine administered to her right shoulder on November 24, 2018. She alleged her injury lasted for more than six months. The respondent conceded that Petitioner is entitled to compensation, stating that her injury met the criteria for SIRVA as set forth in the Vaccine Injury Table. Specifically, the respondent noted that she had no prior history of shoulder issues, her pain occurred within 48 hours of the vaccination, and the pain and reduced range of motion were limited to the vaccinated shoulder. The respondent also agreed that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. The respondent recommended an award of $111,165.82, consisting of $110,000.00 for pain and suffering and $1,165.82 for past unreimbursable expenses. Petitioner agreed with this proffered award. The court awarded Sharon Sirkis a lump sum payment of $111,165.82.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-00962-0
Date issued/filed: 2021-12-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/15/2021) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00962-UNJ Document 25 Filed 12/15/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0962V
UNPUBLISHED
SHARON SIRKIS, Chief Special Master Corcoran
Petitioner, Filed: November 15, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 3, 2020, Sharon Sirkis 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 Tetanus-Diphtheria-acellular Pertussis (“Tdap”)
vaccine administered to her right shoulder on November 24, 2018. Petition at 1. Petitioner
further alleges that her injury lasted for more than six months. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 15, 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)
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-00962-UNJ Document 25 Filed 12/15/21 Page 2 of 2
Report at 1. Specifically, Respondent states that “petitioner has satisfied the criteria for
SIRVA set forth in the Vaccine Injury Table and the Qualifications and Aids to
Interpretation, which afford petitioner the presumption of causation because petitioner
had no history of pain, inflammation, or dysfunction in her right shoulder; her pain
occurred within 48 hours of receipt of an intramuscular vaccination; her 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 her symptoms. 42 C.F.R. §
100.3(a), (c)(10).” Id. at 4-5. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-00962-1
Date issued/filed: 2023-03-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/17/2023) regarding 41 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00962-UNJ Document 45 Filed 03/28/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0962V
UNPUBLISHED
SHARON SIRKIS, Chief Special Master Corcoran
Petitioner, Filed: February 17, 2023
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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 3, 2020, Sharon Sirkis 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of a Tetanus-Diphtheria-acellular Pertussis (“Tdap”)
vaccine administered to her right shoulder on November 24, 2018. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On November 15, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On February 17, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $111,165.82
consisting of $110,000.00 in pain and suffering and $1,165.82 in past unreimbursable
expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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-00962-UNJ Document 45 Filed 03/28/23 Page 2 of 5
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 $111,165.82 (consisting of $110,000.00 in pain and suffering and
$1,165.82 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

Case 1:20-vv-00962-UNJ Document 45 Filed 03/28/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
SHARON SIRKIS, )
)
)
Petitioner, )
) No. 20-962V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 3, 2020, Sharon Sirkis (“petitioner”) filed a petition for compensation
(“Petition” or “Pet.”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.
§§ 300aa-1 et seq. (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury
Related to Vaccine Administration (“SIRVA”), as defined by the Vaccine Injury Table,
following administration of a Tetanus-Diphtheria-acellular Pertussis (“Tdap”) vaccine she
received in her right shoulder on November 24, 2018. See Petition at 1. On November 15, 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 a SIRVA Table
injury, and on the same day the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF Nos. 21, 22.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $110,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00962-UNJ Document 45 Filed 03/28/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,165.82. See 42 U.S.C. § 300aa-
15(a)(4). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. 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
one 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 $111,165.82, in the
form of a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Sharon Sirkis: $111,165.82
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy 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 pain and
suffering.

Case 1:20-vv-00962-UNJ Document 45 Filed 03/28/23 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Ronalda E. Kosh
RONALDA E. KOSH
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) 616-4476
Email: ronalda.kosh@usdoj.gov
DATED: February 17, 2023