VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01829
Package ID: USCOURTS-cofc-1_20-vv-01829
Petitioner: Tara Leach
Filed: 2020-12-11
Decided: 2023-03-09
Vaccine: influenza
Vaccination date: 2019-11-08
Condition: left shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 77702

AI-assisted case summary:
Tara Leach filed a petition for compensation on December 11, 2020, alleging she suffered left shoulder injuries related to vaccine administration (SIRVA) from an influenza vaccine received on November 8, 2019. Petitioner stated the vaccine was administered in the United States, her injuries lasted more than six months, and no other action or compensation had been sought for these injuries. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 6, 2022, conceding entitlement to compensation. The respondent agreed that Ms. Leach had no prior history of left shoulder pain, inflammation, or dysfunction; her pain and reduced range of motion occurred within 48 hours of the vaccination; her symptoms were confined to the vaccinated shoulder; and no other condition could explain her symptoms. Based on the respondent's concession and the evidence, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 9, 2022, finding Ms. Leach entitled to compensation. Subsequently, on February 6, 2023, the parties filed a Proffer on Award of Compensation. The proffer indicated that Ms. Leach agreed to an award of $77,500.00 for pain and suffering and $202.38 to satisfy the State of Pennsylvania Medicaid lien. Chief Special Master Corcoran issued a Decision Awarding Damages on March 9, 2023, granting the total award of $77,702.38, consisting of a lump sum check for $77,500.00 payable to Ms. Leach and a lump sum check for $202.38 payable jointly to Ms. Leach and the Department of Human Services for the Medicaid lien. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Lauren Kells and later Amanda Pasciuto of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond it being a SIRVA.

Theory of causation field:
Petitioner Tara Leach alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on November 8, 2019. The respondent conceded entitlement, agreeing that Petitioner had no prior shoulder issues, experienced pain and reduced range of motion within 48 hours of vaccination, symptoms were limited to the vaccinated shoulder, and no other condition explained the symptoms. This concession aligned with a "Table Injury" under the National Vaccine Injury Compensation Program. Chief Special Master Brian H. Corcoran ruled on entitlement on May 9, 2022. On March 9, 2023, Chief Special Master Corcoran awarded $77,500.00 for pain and suffering and $202.38 to satisfy the State of Pennsylvania Medicaid lien, totaling $77,702.38. Petitioner was represented by Amy A. Senerth (Muller Brazil, LLP) and Respondent by Lauren Kells and Amanda Pasciuto (U.S. Department of Justice). The public text does not name specific medical experts or detail the precise mechanism of injury beyond the SIRVA classification.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01829-0
Date issued/filed: 2022-06-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/09/2022) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01829-UNJ Document 33 Filed 06/21/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1829V
UNPUBLISHED
TARA LEACH, Chief Special Master Corcoran
Petitioner, Filed: May 9, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 11, 2020, Tara Leach 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 left shoulder injuries related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine received on November 8,
2019. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, her injuries and sequelae lasted more than six months, and neither
Petitioner nor any other party has ever filed an action or received compensation in the
form of an award or settlement for Petitioner’s vaccine-related injuries. Petition at ¶¶ 2, 8-
10. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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-01829-UNJ Document 33 Filed 06/21/22 Page 2 of 2
On May 6, 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 contributory history of pain,
inflammation or dysfunction in her left shoulder prior to vaccination; her pain and reduced
range of motion occurred within 48 hours of receipt of an intramuscular vaccination; her
symptoms were limited to the shoulder in which the vaccine was administered; and no
other condition or abnormality was identified to adequately explain her symptoms.” Id. at
8.
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-01829-1
Date issued/filed: 2023-03-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/06/2023) regarding 47 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:20-vv-01829-UNJ Document 51 Filed 03/09/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1829V
UNPUBLISHED
TARA LEACH, Chief Special Master Corcoran
Petitioner, Filed: February 6, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 11, 2020, Tara Leach 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 left shoulder injuries related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine received on November 8,
2019. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, her injuries and sequelae lasted more than six months, and neither
Petitioner nor any other party has ever filed an action or received compensation in the
form of an award or settlement for Petitioner’s vaccine-related injuries. Petition at ¶¶ 2, 8-
10. 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).

Case 1:20-vv-01829-UNJ Document 51 Filed 03/09/23 Page 2 of 5
On May 9, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On February 6, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $77,500.00 for pain and
suffering and funds to satisfy the State of Pennsylvania Medicaid lien in the amount of
$202.38. Proffer at 1-2. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner the
following:
• A lump sum payment of $77,500.00 (for pain and suffering) in the form of a
check payable to Petitioner; and
• A lump sum payment of $202.38, representing compensation for satisfaction
of the State of Pennsylvania Medicaid lien, in the form of a check payable
jointly to Petitioner and
Department of Human Services
ATTN: Bryce Antle
Bureau of Program Integrity
Division of Third Party Liability
Recovery Section
P.O. Box 8486
Harrisburg, Pennsylvania 17105-8486
Petitioner agrees to endorse the check to the Department of Human Services
for satisfaction of the Medicaid lien.
These amounts 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-01829-UNJ Document 51 Filed 03/09/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
TARA LEACH, )
)
Petitioner, ) No. 20-1829V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION
On May 6, 2022, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986,
as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to vaccine
administration (“SIRVA”), as defined in the Vaccine Injury Table. Accordingly, on May 9,
2022, the Chief Special Master issued a Ruling on Entitlement.
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $77,500.00 for pain and suffering, in the form of a check payable to petitioner.
Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Pennsylvania Medicaid lien in the amount of $202.38, which represents full satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action the State of Pennsylvania may
have against any individual as a result of any Medicaid payments the State of Pennsylvania has
made to or on behalf of petitioner from the date of her eligibility for benefits through the date of

Case 1:20-vv-01829-UNJ Document 51 Filed 03/09/23 Page 4 of 5
judgment in this case as a result of her alleged vaccine-related injury suffered on or about
November 8, 2019, under Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
two lump sum payments described below, and request that the Chief Special Master’s decision
and the Court’s judgment award the following: 1
A. A lump sum payment of $77,500.00 in the form of a check payable to petitioner; and
B. A lump sum payment of $202.38, representing compensation for satisfaction of the
State of Pennsylvania Medicaid lien, in the form of a check payable jointly to
petitioner and:
Department of Human Services
ATTN: Bryce Antle
Bureau of Program Integrity
Division of Third Party Liability
Recovery Section
P.O. Box 8486
Harrisburg, Pennsylvania 17105-8486
Petitioner agrees to endorse the check to the Department of Human Services for
satisfaction of the Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:20-vv-01829-UNJ Document 51 Filed 03/09/23 Page 5 of 5
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Amanda Pasciuto
AMANDA PASCIUTO
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) 616-4847
Email: Amanda.Y.Pasciuto@usdoj.gov
DATED: February 6, 2023
3