VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02028
Package ID: USCOURTS-cofc-1_20-vv-02028
Petitioner: Katharine Towlen
Filed: 2020-12-29
Decided: 2022-12-23
Vaccine: Tdap
Vaccination date: 2019-06-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 141351

AI-assisted case summary:
Katharine Towlen filed a petition for compensation on December 29, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccine administered on June 26, 2019. The respondent filed a Rule 4(c) report on October 13, 2022, conceding that the petitioner met the criteria for SIRVA as a Table injury, that the case was timely filed, that the vaccine was received in the United States, and that the petitioner satisfied the statutory severity requirement. On October 18, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Towlen entitled to compensation. Subsequently, on November 21, 2022, the respondent filed a proffer on award of compensation, indicating that Ms. Towlen should be awarded $141,351.08, consisting of $140,000.00 for pain and suffering and $1,351.08 for unreimbursed medical expenses. The petitioner agreed with this proffered award. On November 22, 2022, Chief Special Master Corcoran issued a decision awarding Ms. Towlen a lump sum payment of $141,351.08, comprised of $140,000.00 for pain and suffering and $1,351.08 for unreimbursed medical expenses, in the form of a check payable to Ms. Towlen. Petitioner was represented by Phyllis Widman of Widman Law Firm, LLC, and respondent was represented by Jennifer A. Shah 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 Ms. Towlen.

Theory of causation field:
Katharine Towlen alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by a Tdap vaccine administered on June 26, 2019. The respondent conceded entitlement, agreeing that the petitioner satisfied the criteria for SIRVA as a Table injury, met the qualifications and aids to interpretation (QAI), filed timely, received the vaccine in the United States, and satisfied the statutory severity requirement. The case was decided based on this concession. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 18, 2022, and a decision awarding damages on November 22, 2022. The award was a lump sum of $141,351.08, consisting of $140,000.00 for pain and suffering and $1,351.08 for unreimbursed medical expenses. Petitioner was represented by Phyllis Widman, and respondent was represented by Jennifer A. Shah. The specific mechanism of injury, medical experts, or detailed clinical findings were not described in the provided public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-02028-0
Date issued/filed: 2022-11-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/18/2022) regarding 48 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-02028-UNJ Document 51 Filed 11/21/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-2028V
UNPUBLISHED
KATHARINE TOWLEN, Chief Special Master Corcoran
Petitioner, Filed: October 18, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA)
Phyllis Widman, Widman Law Firm, LLC, Northfield, NJ, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 29, 2020, Katharine Towlen 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”) as a result of a tetanus, diphtheria, and pertussis (“Tdap”)
vaccine administered to her on June 26, 2019. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On October 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 agrees that “[P]etitioner has satisfied the criteria set forth in
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-02028-UNJ Document 51 Filed 11/21/22 Page 2 of 2
the Table and the Qualifications and Aids to Interpretation (‘QAI’) for SIRVA.” Id. at 6.
Respondent further agrees that “the case was timely filed, that the vaccine was received
in the United States, and that [P]etitioner satisfies the statutory severity requirement.” Id.
at 7.
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-02028-1
Date issued/filed: 2022-12-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/22/2022) regarding 53 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-02028-UNJ Document 57 Filed 12/23/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-2028V
UNPUBLISHED
KATHARINE TOWLEN, Chief Special Master Corcoran
Petitioner, Filed: November 22, 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)
Phyllis Widman, Widman Law Firm, LLC, Northfield, NJ, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 29, 2020, Katharine Towlen 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”) as a result of a tetanus, diphtheria, and pertussis (“Tdap”)
vaccine administered to her on June 26, 2019. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On October 18, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On November 21, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $141,351.08
(consisting of $140,000.00 for pain and suffering and $1,351.08 for unreimbursed medical
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-02028-UNJ Document 57 Filed 12/23/22 Page 2 of 5
expenses). Proffer at 1. 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 $141,351.08 (comprised of $140,000.00 for pain and suffering and
$1,351.08 for unreimbursed medical 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-02028-UNJ Document 57 Filed 12/23/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KATHARINE TOWLEN,
Petitioner, No. 20-2028V
Chief Special Master Corcoran
v. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 29, 2020, Katharine Towlen (“petitioner”) filed a petition for
compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.
§§ 300aa-1 to –34, as amended (“Vaccine Act” or “Act”). Petitioner alleges that she suffered a
Shoulder Injury Related to Vaccine Administration (“SIRVA”) that was caused by an influenza
(“flu”) vaccine administered on June 26, 2019. Petition at 1.
On October 13, 2022, respondent filed his Vaccine Rule 4(c) report, recommending that
compensation be awarded. ECF No. 47. On October 18, 2022, this Court issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 48.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $141,351.08, consisting of
$140,000.00 for pain and suffering and $1,351.08 for unreimbursed medical expenses. This
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.

Case 1:20-vv-02028-UNJ Document 57 Filed 12/23/22 Page 4 of 5
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 $141,351.08, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Katharine Towlen.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Katharine Towlen: $141,351.08.
Respectfully submitted,
BRIAN BOYNTON
Principal Deputy Assistant Attorney General
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
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-02028-UNJ Document 57 Filed 12/23/22 Page 5 of 5
s/ Jennifer A. Shah
Jennifer A. Shah
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) 305-2181
Jennifer.shah@usdoj.gov
Dated: November 21, 2022
3