VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01611
Package ID: USCOURTS-cofc-1_20-vv-01611
Petitioner: Rita A. Parks
Filed: 2020-11-18
Decided: 2022-05-04
Vaccine: Tdap
Vaccination date: 2018-02-12
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 69344

AI-assisted case summary:
Rita A. Parks filed a petition for compensation under the National Vaccine Injury Compensation Program on November 18, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine on February 12, 2018. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation. The respondent agreed that Ms. Parks had no prior history of pain, inflammation, or dysfunction in her left shoulder, that her symptoms began within 48 hours of receiving the intramuscular vaccination, that her symptoms were limited to the shoulder in which the vaccine was administered, and that no other condition or abnormality explained her symptoms. The respondent further agreed that Ms. Parks's injury lasted for at least six months, as required by the Vaccine Act. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 25, 2022, finding Ms. Parks entitled to compensation. Subsequently, on May 4, 2022, Chief Special Master Corcoran issued a decision awarding damages based on a proffer filed by the respondent. Ms. Parks was awarded a total of $69,344.99. This award consisted of $67,500.00 for pain and suffering and $1,844.99 for past unreimbursable expenses. Petitioner was represented by Matthew Belanger of Faraci Lange, LLP, and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, the nature of the symptoms, diagnostic tests performed, or treatments received.

Theory of causation field:
Petitioner Rita A. Parks received a Tdap vaccine on February 12, 2018, and alleged a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that Petitioner had no prior shoulder issues, symptoms began within 48 hours of vaccination, symptoms were limited to the affected shoulder, and no other condition explained the symptoms. The injury was found to have lasted at least six months. This case falls under the 'Table Injury' category, specifically SIRVA. No specific medical experts were named in the public text. The respondent filed a proffer on award of compensation, which Petitioner agreed with. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on March 25, 2022, and the damages decision on May 4, 2022. The award totaled $69,344.99, comprising $67,500.00 for pain and suffering and $1,844.99 for past unreimbursable expenses. Petitioner's counsel was Matthew Belanger (Faraci Lange, LLP), and Respondent's counsel was Kimberly Shubert Davey (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01611-0
Date issued/filed: 2022-04-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/25/2022) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01611-UNJ Document 39 Filed 04/26/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1611V
UNPUBLISHED
RITA A. PARKS, Chief Special Master Corcoran
Petitioner, Filed: March 25, 2022
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)
Matthew Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner.
Kimberly Davey, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 18, 2020, Rita Parks 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 left shoulder injury related to vaccine
administration (SIRVA) after a Tdap vaccine on February 12, 2018. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 25, 2022, 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 had no history of pain, inflammation, or
dysfunction in her left shoulder; Petitioner’s pain and reduced range of motion occurred
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-01611-UNJ Document 39 Filed 04/26/22 Page 2 of 2
within 48 hours of receipt of an intramuscular vaccination; Petitioner’s symptoms were
limited to the shoulder in which the vaccine was administered; and no other condition or
abnormality was identified to explain her symptoms. Id. at 4-5. Respondent further agrees
that Petitioner’s injury lasted for at least six months as required by 42 U.S.C. § 300aa-
11(c)(1)(D)(i). 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-01611-1
Date issued/filed: 2022-05-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/25/2022) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01611-UNJ Document 40 Filed 05/04/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1611V
UNPUBLISHED
RITA A. PARKS, Chief Special Master Corcoran
Petitioner, Filed: March 25, 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)
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 18, 2020, Rita Parks 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 left shoulder injury related to vaccine
administration (SIRVA) after a Tdap vaccine on February 12, 2018. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 25, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a left SIRVA. That same date, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $69,344.99. ECF 31
at 5. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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-01611-UNJ Document 40 Filed 05/04/22 Page 2 of 2
award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as
stated in the Proffer.
Therefore, I award Petitioner a lump sum payment of $69,344.99 in the form
of a check payable to Petitioner. This consists of:
• $67,500.00 in pain and suffering, and
• $1,844.99 in past unreimbursable expenses.
ECF 31 at 5. These amounts represent 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