VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01813
Package ID: USCOURTS-cofc-1_20-vv-01813
Petitioner: Linda Charlene Clifton
Filed: 2022-02-04
Decided: 2025-08-05
Vaccine: Tdap
Vaccination date: 2017-12-20
Condition: left shoulder bursitis, bicep tendinitis, and adhesive capsulitis
Outcome: compensated
Award amount USD: 116240

AI-assisted case summary:
Linda Charlene Clifton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the Tdap vaccine she received on December 20, 2017, caused her to develop left shoulder bursitis, bicep tendinitis, and adhesive capsulitis, a condition known as Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement to compensation, agreeing that Ms. Clifton had no prior history of shoulder issues, that her pain and reduced range of motion were limited to the vaccinated shoulder, and that the onset of symptoms occurred within 48 hours of vaccination. The case proceeded as a Table injury claim, and entitlement was granted. Subsequently, a decision was issued awarding Ms. Clifton a total of $116,240.64. This award included $115,000.00 for pain and suffering and $1,240.64 for past unreimbursable expenses, representing all elements of compensation available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01813-0
Date issued/filed: 2022-03-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 2/4/2022) regarding 27 Ruling on Entitlement. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:20-vv-01813-UNJ Document 29 Filed 03/15/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1813V
Filed: February 4, 2022
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
LINDA CHARLENE CLIFTON,
*
*
Petitioner, *
*
Ruling on Entitlement; Table Injury; Tdap
*
v. * Vaccine; Shoulder Injury Related to
* Vaccine Administration (SIRVA).
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Robert P. Goodwin, Walsh Roberts & Grace, Buffalo, NY, for Petitioner
Catherine Stolar, U.S. Department of Justice, Washington, DC, for Respondent
RULING ON ENTITLEMENT1
Oler, Special Master:
On December 8, 2020, Linda Clifton (“Ms. Clifton” or “Petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10,
et seq.2 (the “Vaccine Act” or “Program”). Pet., ECF No. 1. Petitioner alleges that the Tdap
vaccination she received on December 20, 2017 caused her to develop injuries including “left
shoulder bursitis, bicep tendinitis, and adhesive capsulitis.” Id. at 1.
1 Because this Ruling contains a reasoned explanation for the action in this case, I intend to post this Ruling
on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002,
Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)).
In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other
information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule,
a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified
material fits within the requirements of that provision, I will delete such material from public access.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:20-vv-01813-UNJ Document 29 Filed 03/15/22 Page 2 of 2
On February 4, 2022, Respondent filed his Rule 4(c) Report in which he concedes that
Petitioner is entitled to compensation in this case. Resp’t’s Rep. at 2, 9, ECF No. 26. Specifically,
Respondent states that Petitioner
had no history of pain, inflammation, or dysfunction of the affected shoulder prior
to her vaccination that would explain the alleged symptoms and examination
findings occurring after vaccine injection; she more likely than not suffered the
onset of pain within forty-eight hours of vaccine administration; her pain and
reduced range of motion were limited to the shoulder in which the vaccine was
administered; and there is no other condition or abnormality present that would
explain petitioner’s symptoms. 42 C.F.R. § 100.3(a)(XIV)(B), (c)(10). Therefore,
petitioner is entitled to a presumption of vaccine causation…. Thus, in light of the
information contained in petitioner’s medical records, respondent concedes that
entitlement to compensation is appropriate under the terms of the Vaccine Act.
Id. at 8-9.
In view of Respondent's position and the evidence of record, I find that Petitioner is
entitled to compensation. A separate order for the damages phase of this case will issue shortly.
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01813-1
Date issued/filed: 2025-08-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 6/23/2025) regarding 64 DECISION of Special Master - Proffer. Signed by Special Master Jennifer A. Shah. (sl) Service on parties made.
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Case 1:20-vv-01813-UNJ Document 70 Filed 08/05/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1813V
Filed: June 23, 2025
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
LINDA CHARLENE CLIFTON,
*
*
Petitioner, *
*
*
v.
*
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Robert Goodwin, Walsh Roberts & Grace, Buffalo, NY, for Petitioner
Catherine Stolar, U.S. Department of Justice, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On December 8, 2020, Linda Charlene Clifton (“Petitioner”) filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (“the Vaccine
Program”).2 Pet., ECF No. 1. Petitioner alleges that she developed a left shoulder injury related
to vaccine administration (“SIRVA”) from the tetanus diphtheria acellular pertussis (“Tdap”)
vaccine she received on December 20, 2017. See Pet. at 1, 4; see also ECF No. 63 (“Proffer”) at
1. On February 4, 2022, Respondent filed a Rule 4(c) Report conceding entitlement. ECF No. 26.
1 Because this Decision contains a reasoned explanation for the action in this case, it must be made publicly
accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:20-vv-01813-UNJ Document 70 Filed 08/05/25 Page 2 of 5
On the same day, former Special Master Katherine E. Oler issued a Ruling on Entitlement finding
that Petitioner was entitled to compensation. ECF No. 27.
Respondent filed a Proffer on June 23, 2025. In the Proffer, Respondent represented that
Petitioner agrees with the proffered award. Proffer at 1-2. 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 of $116,240.64, which amount represents pain and suffering ($115,000.00),
and past unreimbursed expenses ($1,240.64), to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner.
Proffer at 1-2. These amounts represent all elements of compensation for all damages that would
be available under § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the
Court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/ Jennifer A. Shah
Jennifer A. Shah
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

Case 1:20-vv-01813-UNJ Document 70 Filed 08/05/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LINDA CHARLENE CLIFTON, )
)
Petitioner, )
) No. 20-1813V
v. ) Special Master Shah
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 8, 2020, Linda Charlene Clifton (“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 Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of a
tetanus diphtheria acellular pertussis (“Tdap”) vaccine she received on December 20, 2017.
Petition at 1, 4. On February 4, 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 a SIRVA Table injury, and on the same date, the Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 26; ECF
No. 27.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $115,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01813-UNJ Document 70 Filed 08/05/25 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 $1,240.64. 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 Special Master’s decision and the
Court’s judgment award the following1: a lump sum payment of $116,240.64, to be paid through
an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
COLLEEN C. HARTLEY
Assistant 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-01813-UNJ Document 70 Filed 08/05/25 Page 5 of 5
/s/ Catherine E. Stolar
CATHERINE E. STOLAR
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) 353-3299
Email: catherine.stolar@usdoj.gov
DATED: June 23, 2025
3