VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01865
Package ID: USCOURTS-cofc-1_20-vv-01865
Petitioner: Kathleen Clendenning
Filed: 2020-12-15
Decided: 2022-09-02
Vaccine: Tdap
Vaccination date: 2019-10-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Kathleen Clendenning filed a petition for compensation on December 15, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on October 1, 2019. Petitioner alleged that the injury met the Table SIRVA definition and that she experienced residual effects for more than six months post-vaccination. The petition stated that the vaccine was administered in the United States and that no civil action had been filed or compensation received for the alleged injury. The respondent, the Secretary of Health and Human Services, denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. The parties subsequently filed a joint stipulation on August 1, 2022, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision awarding damages. Petitioner was awarded a lump sum of $40,000.00, payable to Petitioner, for all items of damages available under Section 15(a) of the National Vaccine Injury Compensation Program. The decision was entered on September 2, 2022. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and the respondent was represented by Zoe Wade of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by the petitioner, nor does it name any medical experts.

Theory of causation field:
Petitioner Kathleen Clendenning alleged a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on October 1, 2019, alleging it met the Table SIRVA definition and had residual effects for more than six months. The respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $40,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). The stipulation does not admit that the Tdap vaccine caused the alleged injury or that the injury was contained in the Vaccine Injury Table. No specific medical experts or detailed causation mechanism were presented in the public text. Petitioner was represented by Muller Brazil, LLP, and Respondent by the U.S. Department of Justice. Decision date: September 2, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01865-0
Date issued/filed: 2022-09-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/02/2022) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.
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Case 1:20-vv-01865-UNJ Document 30 Filed 09/02/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1865V
UNPUBLISHED
KATHLEEN CLENDENNING, Chief Special Master Corcoran
Petitioner, Filed: August 2, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus
HUMAN SERVICES, Vaccine; Shoulder Injury Related to
Vaccine Administration (SIRVA)
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On December 15, 2020, Kathleen Clendenning 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”), which meets the Table SIRVA definition after receiving
a tetanus vaccine on October 1, 2019. Petition at 1, ¶ 1; Stipulation, filed at Aug. 1, 2022,
¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States,
that she suffered the residual effects of her SIRVA more than six months post-vaccination,
and that neither she nor any other person has filed a civil action or received compensation
for her SIRVA. Petition at ¶¶ 1, 6-8; Stipulation at ¶¶ 3-5. “Respondent denies that
[P]etitioner sustained a SIRVA Table injury, denies that the vaccine caused [P]etitioner’s
alleged shoulder injury, or any other injury; and denies that her current condition is a
sequela 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.
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-01865-UNJ Document 30 Filed 09/02/22 Page 2 of 7
Nevertheless, on August 1, 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 $40,000.00 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-01865-UNJ Document 30 Filed 09/02/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KATHLEEN CLENDENNING,
Petitioner, No. 20-l 865V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Kathleen Clendenning ("petitioner"), filed a petition for vaccine compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of a Tetanus-diphtheria-acellular pertussus ("Tdap") vaccine, which vaccine is contained in the
Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3(a)
2. Petitioner received a Tdap vaccine on October 1, 2019 in the right arm.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration
("SIRVA") following receipt of the Tdap vaccine within the time period set forth in the Table.
She further alleges that she experienced the residual effects of this condition for more than six
months.

Case 1:20-vv-01865-UNJ Document 30 Filed 09/02/22 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her alleged injury.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition is a sequela 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-2 l(a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
a. A lump sum of$40,000.00 in 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 of judgment 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-2 l(a)( I), 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-15(g), to the extent that payment has been made or can reasonably be
2

Case 1:20-vv-01865-UNJ Document 30 Filed 09/02/22 Page 5 of 7
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.
11. Payment made pursuant to paragraph 8 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 attorney's fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U .S.C. § 300aa-l 5(a) and ( d), and subject to the conditions of 42 U .S.C.
§ 300aa-l 5(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 October 1, 2019, as
alleged in a petition for vaccine compensation filed on or about December 15, 2020, in the
3

Case 1:20-vv-01865-UNJ Document 30 Filed 09/02/22 Page 6 of 7
United States Court of Federal Claims as petition No. 20-l 865V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the 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 of liability 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 Services that the Tdap vaccine caused petitioner's alleged injury
or any other injury or her current disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
I 8. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:20-vv-01865-UNJ Document 30 Filed 09/02/22 Page 7 of 7
Jul/27/2022 4:28:33 PM Northshore Nursing 847-657-5991 1/1
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PE ONER: OF THE ATTORNEY GENERAL:
,-4.4l~':-4--P~
IL ILLIAN MULLER, ESQ . HEATHER L. PEARLMAN
.M ULLER BRAZIL, LLP Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, P.A. 19025 Civil Division
(215) 885-1655 U.S. Department of Justice
Email: max@muUerbrazil.com P.O. Box 146
Beajamin Franklin Station
Washington, DC 20044-0146
AU'lllORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
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Datt:ion.01.2111,u:1,-04•00·
CDR GEORGE REED GRIMES, MD, MPH ZO~R. WADE
Director, Division oflajury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U_. S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin.
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N146B (202) 616-4118
Rockville, MD 20857 Email: zoe.wade@usdoj.gov
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