VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01659
Package ID: USCOURTS-cofc-1_20-vv-01659
Petitioner: Melody Gerry
Filed: 2022-12-22
Decided: 2023-01-24
Vaccine: Tdap
Vaccination date: 2019-04-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 49000

AI-assisted case summary:
Melody Gerry filed a petition for compensation under the National Vaccine Injury Compensation Program on December 22, 2022, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccine received on April 16, 2019. She stated the vaccine was administered in the United States, the injury's effects lasted more than six months, and she had no prior award or settlement for this condition. Respondent denied that Ms. Gerry sustained a SIRVA Table injury, denied that the Tdap vaccine caused her shoulder injury or aggravated a preexisting condition, and denied her current condition was a sequelae of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation agreeing that the case should be settled. The court adopted the stipulation, awarding Ms. Gerry a lump sum of $49,000.00 as compensation for all damages available under the Vaccine Act. This amount represents a settlement of liability and damages, and the parties agreed to further proceedings for attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01659-0
Date issued/filed: 2023-01-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/22/2022) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01659-UNJ Document 32 Filed 01/24/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1659V
UNPUBLISHED
MELODY GERRY, Chief Special Master Corcoran
Petitioner, Filed: December 22, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus
HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On November 23, 2020, Melody Gerry 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, and acellular pertussis
(“Tdap”) vaccine that was administered on April 16, 2019. Petition at 1; Stipulation, filed
on December 22, 2022, at ¶¶ 2, 4.Petitioner further alleges that she received the vaccine
in the United States, that she experienced the residual effects of her injury for more than
six months, and there has been no prior award or settlement of a civil action for damages
as a result of her alleged condition. Petitionat1;Stipulationat ¶¶3-5.“Respondent denies
that petitioner sustained a SIRVA Table injury; denies that the Tdap vaccine caused
petitioner’s alleged shoulder injury or any other injury or significantly aggravated a
preexisting injury; and denies that her current condition is a sequelae of a vaccine-related
injury. ” Stipulation at ¶ 6.
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.
2National 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-01659-UNJ Document 32 Filed 01/24/23 Page 2 of 7
Nevertheless, on December 22, 2022, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
stipulation reasonable and adopt it as my decision awarding damages, on the terms set
forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $49,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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-01659-UNJ Document 32 Filed 01/24/23 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL
CLAIMS OFFICE OF SPECIAL MASTERS
)
MELODY GERRY, )
)
Petitioner, )
No. 20-16S9V (ECF)
)
Chief Special Master Corcoran
V. )
SPU
)
SECRETARY OF HEAL TH )
AND HUMAN SERVICES, )
)
Respondent. )
SJIPJJLATIQN
The parties hereby stipulate to the following matters:
1. Melody Geny (''petitioner'') filed a petition for vaccine compensation under the
National Vaccine Injwy Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the tetanus, diphtheria, and acellular pertussis ("Tdap") vaccine, which vaccine is contained in
the Vaccine Injury Table (the "Table'1, 42 C.F.R. § 100.3(a).
2. Petitioner received a Tdap vaccine on or about April 16, 2019.
3. The vaccination was administered within the United States.
4. Petitioner alleges that the Tdap vaccine caused her to develop a left shoulder injury
related to vaccine administration ("SIRVA"), and that she experienced symptoms of the injury
for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages fas a result ofh er al1eged condition.

Case 1:20-vv-01659-UNJ Document 32 Filed 01/24/23 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
Tdap vaccine caused petitioner•s alleged shoulder injury or any other injury or significantly
aggravated a preexisting injury; and denies that her current condition is a sequelae of a vaccine-
related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent
with the terms of this Stipulation. and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $49,000.00 the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15{a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U .S .C.
§ 300aa-2l(a)(l), and an application, the parties will submit to further proceedings before the
special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act {42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:20-vv-01659-UNJ Document 32 Filed 01/24/23 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts
awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C.
§ 300aa-15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys' fees and litigation costs, and past unreimbursable expenses, the money
provided pursuant to this Stipulation will be used solely for petitioner's benefit as contemplated
by a strict construction of 42 U.S.C. §§ 300aa-15(a) and (d), and subject to the conditions of 42
U.S.C. §§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements,judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
:from, or alleged to have resulted from, the T dap vaccination administered on or about April 16,
2019, as alleged by petitioner in a petition for vaccine compensation filed on or about November
23, 2020, in the United States Court of Federal Claims as petition No. 20~1659V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:20-vv-01659-UNJ Document 32 Filed 01/24/23 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
oft his Stipulation or ift he Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement ofliability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Service that the Tdap vaccine caused petitioner's alleged
shoulder injury or any other injury or her current disabilities, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and obligations ofp etitioner hereunder shall apply equally to petitioner's
heirs, executors, administmtors, successors, and/or assigns.
END OF STIPULATION
4

Case 1:20-vv-01659-UNJ Document 32 Filed 01/24/23 Page 7 of 7
Respectfully submitted,
PEUTIQN&R:
.~ P.1r' ~t-.fa-__,.·~cf~-_
MEl.m>~/
AITORNE~Q:f1lECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATIORNEY GENERAL:
MR~~? ~
HEA.lHElt. L. PEARLMAN
Attorney for Petitioner Dcpuly~r
MULLER BRAZIL LLP TorllBdDCb
715 Twining Road CivilDiviaion
Suite208 U.S. DeparllDall ofJ ustioc
Dresher, PA, 1902S P.0.Box 146
Telephone: (21S) 31!5-1655 8-jl,min Franklin Statioa
Email: plllll@orullerbrail.com Washinglom. DC 20044-0146
AUTBOllll.ED IIEPRESENTATIVE ATl'ORNEY OP RECORD FOR
OF THE SECRETARY OJl'IIBALffl RESPONDENT:
AND BUMAN SERVICES:
George R. Olgltatlylig,wd"'
Gage fl Grlmes•S14
Grimes-S14 Dal£ 20».12.12 15:14:17 ~~~
-o5'00'
CDR GEORGE REED GRIMES, MD, MPH J-Le.,vyi ,~
Director, D1visioo of Injury Trial Atrorbey G
4
Compensation Program& Todl Bran.ch
Health Systems Bon.1tu Cml Division
Heallh Resources and Ser,,iccs U.S. Department ofJ ustice
Adminis!Illlioo P.O.Box 146
U.S. Deparl!nent of Health Batjamin Franklin Stalion
ond Hwn1111 Services Wahington. DC 20044-0146
5600 Fishers Lane, 08N l 468 Tel: (202) 616-440,
Rockville., MD 201157 Email: andmvj.haming@mdoj.gov
Dated: