VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02006
Package ID: USCOURTS-cofc-1_20-vv-02006
Petitioner: Catherine Phipps
Filed: 2020-12-29
Decided: 2023-05-03
Vaccine: pneumococcal conjugate
Vaccination date: 2018-12-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45358

AI-assisted case summary:
Catherine Phipps filed a petition for compensation under the National Vaccine Injury Compensation Program on December 29, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following a pneumococcal conjugate vaccine administered on December 12, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 13, 2022, conceding that Ms. Phipps was entitled to compensation. The respondent concluded that her injury satisfied the criteria set forth in the Vaccine Injury Table for SIRVA. On June 14, 2022, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Ms. Phipps entitled to compensation. Subsequently, on March 30, 2023, the respondent filed a proffer on the award of compensation, indicating that Ms. Phipps should be awarded $45,358.80. This amount was comprised of $45,000.00 for pain and suffering and $358.80 for past unreimbursable expenses. Ms. Phipps agreed with the proffered award. Chief Special Master Corcoran issued a Decision Awarding Damages on May 3, 2023, awarding Ms. Phipps a lump sum payment of $45,358.80, payable by check to Petitioner. This award represents compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and the respondent was represented by Mary Eileen Holmes of the U.S. Department of Justice. The case proceeded as a Table injury claim, and entitlement was granted, leading to the final award of damages.

Theory of causation field:
Petitioner Catherine Phipps alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a pneumococcal conjugate vaccine administered on December 12, 2018. The respondent conceded entitlement, finding the injury satisfied the criteria in the Vaccine Injury Table for SIRVA. The public decision does not describe the specific mechanism of injury or name any medical experts. The case was resolved via a stipulation and proffer. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 14, 2022, and a Decision Awarding Damages on May 3, 2023. The award totaled $45,358.80, consisting of $45,000.00 for pain and suffering and $358.80 for past unreimbursable expenses, paid as a lump sum to Petitioner. Petitioner was represented by Ronald Craig Homer, and Respondent was represented by Mary Eileen Holmes.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-02006-0
Date issued/filed: 2022-07-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/14/2022) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-02006-UNJ Document 33 Filed 07/15/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-2006V
UNPUBLISHED
CATHERINE PHIPPS, Chief Special Master Corcoran
Petitioner, Filed: June 14, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Pneumococcal
Conjugate Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 29, 2021, Catherine Phipps 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”) following a pneumococcal conjugate vaccine administered on
December 12, 2018. Petition at 2, 5. Petitioner further alleges that the vaccine was
administered within the United States, that there has been no award or compensation for
her injury, and that she has suffered the residual effects of her injury for more than six
months. Amended Petition at 7. 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-02006-UNJ Document 33 Filed 07/15/22 Page 2 of 2
On June 13, 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 has concluded that Petitioner has satisfied the criteria set forth
in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a SIRVA.
Id. at 5.
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-02006-1
Date issued/filed: 2023-05-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/31/2023) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-02006-UNJ Document 47 Filed 05/03/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-2006V
UNPUBLISHED
CATHERINE PHIPPS, Chief Special Master Corcoran
Petitioner, Filed: March 31, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Pneumococcal Conjugate Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 29, 2020, Catherine Phipps 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”) following a pneumococcal conjugate vaccine administered on
December 12, 2008. Petition at 2, 5. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On June 14, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On March 30, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $45,358.80 (comprised
of $45,000.00 for pain and suffering and $358.80 for past unreimbursable expenses).
Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the
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-02006-UNJ Document 47 Filed 05/03/23 Page 2 of 5
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 $45,358.80 (comprised of $45,000.00 in pain and suffering and
$358.80 in 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-02006-UNJ Document 47 Filed 05/03/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CATHERINE PHIPPS, )
)
Petitioner, )
) No. 20-2006V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 29, 2020, Catherine Phipps (“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
pneumococcal conjugate (“Prevnar 13”) vaccination on December 12, 2018. Petition at 1. On
June 13, 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 14, 2022, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 28; ECF No. 29.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $45,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-02006-UNJ Document 47 Filed 05/03/23 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 $358.80. 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 $45,358.80, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Catherine Phipps: $45,358.80.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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-02006-UNJ Document 47 Filed 05/03/23 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
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: March 31, 2023
3