VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01212
Package ID: USCOURTS-cofc-1_20-vv-01212
Petitioner: Patricia G. Hustead
Filed: 2020-09-16
Decided: 2022-01-10
Vaccine: Tdap
Vaccination date: 2018-10-11
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 51110

AI-assisted case summary:
Patricia Hustead filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a Table Injury of her right shoulder as a result of the influenza and Tdap vaccines she received on October 11, 2018. She also received a Pneumovax vaccine on that date, but it is not a covered vaccine under the program. The respondent conceded that her injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table. The respondent further agreed that Ms. Hustead had no prior history of shoulder issues, her pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that her condition persisted for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master ruled that Ms. Hustead was entitled to compensation. Subsequently, the parties submitted a proffer for an award of compensation. The respondent proposed an award of $51,110.60, which included $50,000.00 for pain and suffering and $1,110.60 for past unreimbursable expenses. Ms. Hustead agreed to this award. The court issued a decision awarding Ms. Hustead the lump sum of $51,110.60.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01212-0
Date issued/filed: 2021-12-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/03/2021) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01212-UNJ Document 27 Filed 12/06/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1212V
UNPUBLISHED
PATRICIA G. HUSTEAD, Chief Special Master Corcoran
Petitioner, Filed: November 3, 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. Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Administration (SIRVA)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 16, 2020, Patricia Hustead 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 suffered “a Table Injury of [the] [r]ight shoulder as
a result of the influenza and DTap3 vaccines . . . [she] received on October 11, 2018.”4
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).
3 Medical records reflect that Petitioner received the Tdap vaccine rather than the DTaP vaccine. Ex 1 at
7.
4 Petitioner also received a Pneumovax vaccination on this date. Ex 1 at 7. However, Pneumovax is not a
covered vaccine listed in the Vaccine Injury Table. See 42 C.F.R. § 100.3.

Case 1:20-vv-01212-UNJ Document 27 Filed 12/06/21 Page 2 of 2
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On November 3, 2021, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner’s alleged injury is consistent with SIRVA as defined in the Vaccine Injury
Table, and therefore, Petitioner is entitled to compensation in this case. Respondent’s
Rule 4(c) Report at 5. Specifically, Petitioner had no history of pain, inflammation, or
dysfunction of her right shoulder; Petitioner’s pain occurred within 48 hours after receipt
of an intramuscular vaccination; Petitioner’s pain was limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality has been identified to
explain Petitioner’s shoulder pain. Id. at 5. Respondent further agrees that Petitioner
suffered the residual effects of her condition for more than six months. 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-01212-1
Date issued/filed: 2022-01-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/08/2021) 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-01212-UNJ Document 34 Filed 01/10/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1212V
UNPUBLISHED
PATRICIA G. HUSTEAD, Chief Special Master Corcoran
Petitioner, Filed: December 8, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine & Influenza
Respondent. (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
(SIRVA)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 16, 2020, Patricia Hustead 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 Table Injury of [the] [r]ight shoulder
as a result of the influenza and DTap vaccines3 . . . [she] received on October 11, 2018.”
Petition at 1. 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).
3 Medical records reflect that Petitioner received the Tdap vaccine rather than the DTaP vaccine. Ex 1 at
7.

Case 1:20-vv-01212-UNJ Document 34 Filed 01/10/22 Page 2 of 5
On November 3, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a right SIRVA. On December 8, 2021, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$51,110.60. Proffer at 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.4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $51,110.60 in the form of a check payable to Petitioner. This award
consists of: (1) $50,000.00 in pain and suffering and (2) $1,110.60 for past
unreimbursable expenses. Id.
These amounts represent compensation for all damages that would be available
under Section 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.5
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 As noted in the Ruling on Entitlement, Petitioner also received Pneumovax, a pneumococcal
polysaccharide vaccine, in her right shoulder on the same date as her Tdap and flu vaccinations. ECF 25
at 1 n.4. Pneumovax is not a covered vaccine listed in the Vaccine Injury Table. See 42 C.F.R. § 100.3.
Respondent indicates in the proffer that he has “concluded that compensation is appropriate in this case
because [P]etitioner’s injury is consistent with SIRVA as a result of the flu and Tdap vaccines she received
on October 11, 2018.” ECF 29 at 1 n.3. Pneumovax “was not included in this concession, and is not included
in this proffer.” Id.
5 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-01212-UNJ Document 34 Filed 01/10/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
PATRICIA G. HUSTEAD, )
)
Petitioner, )
) No. 20-1212V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 16, 2020, Patricia G. Hustead (“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 “a Table Injury of [the] [r]ight
shoulder as a result of the influenza and DTaP1 vaccines . . . [she] received on October 11,
2018.”2 Petition at 1. On November 3, 2021, the Secretary of Health and Human Services
(“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded for a
shoulder injury related to vaccine administration (“SIRVA”),3 and the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation the same day. ECF
No. 24; ECF No. 25.
1 Petitioner received a Tdap vaccine, not a DTaP vaccine. Exhibit (“Ex.”) 1 at 7.
2 Petitioner also received Pneumovax, which is a pneumococcal polysaccharide vaccine, in her
right shoulder on the same date. Ex. 1 at 7. Pneumovax is not a covered vaccine listed in the
Vaccine Injury Table (“Table”). See 42 C.F.R. § 100.3.
3 Respondent concluded that compensation is appropriate in this case because petitioner’s alleged
injury is consistent with SIRVA as a result of the flu and Tdap vaccines she received on October
11, 2018. As noted above, Pneumovax is not a covered vaccine listed in the Table, was not
included in this concession, and is not included in this proffer.

Case 1:20-vv-01212-UNJ Document 34 Filed 01/10/22 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $50,000.00 in actual pain and
suffering. Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Patricia G. Hustead’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent now proffers that,
based on the Chief Special Master’s entitlement decision and the evidence of record, petitioner
should be awarded past unreimbursable expenses in the amount of $1,110.60, as provided under
the Vaccine Act, 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.
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 a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following4: a lump sum payment of $51,110.60, representing
compensation for pain and suffering ($50,000.00), and past unreimbursable expenses
($1,110.60), in the form of a check payable to petitioner, Patricia G. Hustead.
4 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-01212-UNJ Document 34 Filed 01/10/22 Page 5 of 5
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Patricia G. Hustead: $ 51,110.60
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
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) 514-9729
Email: sarah.c.duncan@usdoj.gov
DATED: December 8, 2021
3