VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01977
Package ID: USCOURTS-cofc-1_20-vv-01977
Petitioner: Dana Smith
Filed: 2020-12-28
Decided: 2022-07-11
Vaccine: Tdap
Vaccination date: 2019-08-05
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 68217

AI-assisted case summary:
Dana Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on December 28, 2020. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on August 5, 2019. The case was assigned to the Special Processing Unit. On June 10, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA, which is a Table injury. Respondent filed a proffer on award of compensation on June 24, 2022, indicating Petitioner should be awarded $68,217.62. This amount represents $67,500.00 for pain and suffering and $717.62 for past unreimbursable expenses. Petitioner agreed with the proffered award. Chief Special Master Brian H. Corcoran issued a decision awarding Dana Smith a lump sum payment of $68,217.62, representing compensation for all damages available under the Act. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and Respondent was represented by Mary Eileen Holmes of the U.S. Department of Justice. The decision was issued on July 11, 2022.

Theory of causation field:
Petitioner Dana Smith alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine administered on August 5, 2019. The injury was recognized as a SIRVA Table injury. The Special Master found Petitioner entitled to compensation. Respondent filed a proffer on award of compensation, agreeing to an award of $68,217.62, consisting of $67,500.00 for pain and suffering and $717.62 for past unreimbursable expenses. Petitioner agreed to this amount. The decision was issued by Chief Special Master Brian H. Corcoran on July 11, 2022. Petitioner was represented by Amy A. Senerth and Respondent by Mary Eileen Holmes.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01977-0
Date issued/filed: 2022-07-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/24/2022) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.
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Case 1:20-vv-01977-UNJ Document 36 Filed 07/11/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1977V
UNPUBLISHED
DANA SMITH, Chief Special Master Corcoran
Petitioner, Filed: June 24, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 28, 2020, Dana Smith 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 alleged that she suffered from a left shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving a tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine administered on August 5, 2019. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 10, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her SIRVA. On June 24, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $68,217.62,
representing compensation in the amounts of $67,500.00 for her pain and suffering and
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-01977-UNJ Document 36 Filed 07/11/22 Page 2 of 5
$717.62 for her past unreimbursable expenses. 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 a lump
sum payment of $68,217.62, representing compensation in the amounts of
$67,500.00 for her pain and suffering and $717.62 for her past unreimbursable
expenses in the form of a check payable to Petitioner. This amount 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-01977-UNJ Document 36 Filed 07/11/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DANA SMITH, )
)
Petitioner, )
) No. 20-1977V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 28, 2020, Dana Smith (“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, and acellular pertussis (“Tdap”) vaccine she received on August 5, 2019.
Petition at 1. On June 10, 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 June 10, 2022, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 29; ECF No. 30.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $67,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01977-UNJ Document 36 Filed 07/11/22 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 $717.62. 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 Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $68,217.62, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Dana Smith: $68,217.62.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy 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-01977-UNJ Document 36 Filed 07/11/22 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/Mary E. Holmes
MARY E. HOLMES
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-5022
Mary.E.Holmes@usdoj.gov
DATED: June 24, 2022
3