VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01505
Package ID: USCOURTS-cofc-1_20-vv-01505
Petitioner: Debra S. Colgan
Filed: 2020-10-30
Decided: 2022-04-22
Vaccine: Tdap
Vaccination date: 2019-09-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80160

AI-assisted case summary:
On October 30, 2020, Debra S. Colgan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine on September 13, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Colgan's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that compensation was appropriate. The respondent noted that Ms. Colgan had no prior history of shoulder issues, her pain began within 48 hours of vaccination, and the symptoms were limited to the vaccinated shoulder. The respondent also agreed that the statutory six-month sequelae requirement had been satisfied. On March 7, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Colgan entitled to compensation. Subsequently, on March 22, 2022, a decision awarding damages was issued based on a proffer. Ms. Colgan, identified as a competent adult, was awarded a total of $80,160.49. This award included $80,000.00 for pain and suffering and $160.49 for past unreimbursable expenses, to be paid as a lump sum check payable to Ms. Colgan. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms beyond the 48-hour timeframe, the specific clinical presentation, diagnostic tests performed, or treatments received.

Theory of causation field:
Petitioner Debra S. Colgan alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on September 13, 2019. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table, satisfying the criteria for compensation. The respondent's concession was based on the petitioner having no prior shoulder issues, symptom onset within 48 hours of vaccination, symptoms limited to the vaccinated shoulder, and no other identified condition explaining the symptoms. The statutory six-month sequelae requirement was also met. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 7, 2022, finding petitioner entitled to compensation. A subsequent decision on March 22, 2022, awarded a total of $80,160.49, comprising $80,000.00 for pain and suffering and $160.49 for past unreimbursable expenses, paid as a lump sum. Petitioner was represented by Jimmy A. Zgheib, and respondent by Adriana Ruth Teitel. The specific mechanism of injury and expert testimony are not detailed in the provided public text, which relies on the respondent's concession and the Table definition for SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01505-0
Date issued/filed: 2022-04-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/07/2022) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01505-UNJ Document 43 Filed 04/08/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1505V
UNPUBLISHED
DEBRA S. COLGAN, Chief Special Master Corcoran
Petitioner,
v. Filed: March 7, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Tetanus-Diphtheria-
Respondent. Acellular Pertussis (Tdap); Shoulder
Injury Related to Vaccine
Administration (SIRVA).
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 30, 2020, Debra S. Colgan 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine administered on September 13, 2019. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On March 7, 2022, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury
Table, and that compensation is appropriate. Specifically, Petitioner had no history of
pain, inflammation, or dysfunction in the shoulder at issue; the onset of Petitioner’s pain
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), Petitioners have 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-01505-UNJ Document 43 Filed 04/08/22 Page 2 of 2
occurred within 48 hours after receipt of an intramuscular vaccination; 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 Petitioner’s symptoms.
Respondent further agrees that the statutory six-month sequelae requirement has been
satisfied. Rule 4(c) Report at 11-12 (citing 42 C.F.R. §§ 100.3(a), (c)(10)).
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-01505-1
Date issued/filed: 2022-04-22
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/22/2022) regarding 36 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01505-UNJ Document 44 Filed 04/22/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1505V
UNPUBLISHED
DEBRA S. COLGAN, Chief Special Master Corcoran
Petitioner,
v. Filed: March 22, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision based on Proffer;
Tetanus-Diphtheria-Acellular
Respondent. Pertussis (Tdap); Shoulder Injury
Related to Vaccine Administration
(SIRVA).
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 30, 2020, Debra S. Colgan 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine administered on September 13, 2019. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On March 7, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a Table SIRVA. On March 22, 2022, Respondent filed a proffer on an
award of compensation (“Proffer”). In the Proffer, Respondent represented that Petitioner
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-01505-UNJ Document 44 Filed 04/22/22 Page 2 of 5
agrees with the proffered award. 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 $80,160.49 (representing $80,000.00 for pain and suffering, and
$160.49 for past unreimbursed 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-01505-UNJ Document 44 Filed 04/22/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DEBRA S. COLGAN
Petitioner,
No. 20-1505V
v.
Chief Special Master Corcoran (SPU)
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 30, 2020, Debra S. Colgan (“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”), as amended. Petitioner alleges she suffered a shoulder injury related to vaccine
administration (“SIRVA”) Table injury as a result of a tetanus-diphtheria-acellular pertussis
(“Tdap”) vaccination administered on September 13, 2019. Petition at 1.
On March 7, 2022, 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 SIRVA Table injury, and the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF Nos. 32 and 33.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $80,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:20-vv-01505-UNJ Document 44 Filed 04/22/22 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 $160.49. See 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 following: a lump sum payment of $80,160.49, in the form of a
check payable to petitioner.1
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Debra S. Colgan: $80,160.49
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
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 lost earnings
and future pain and suffering.
2

Case 1:20-vv-01505-UNJ Document 44 Filed 04/22/22 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Email: adriana.teitel@usdoj.gov
Dated: March 22, 2022
3