VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00141
Package ID: USCOURTS-cofc-1_21-vv-00141
Petitioner: Tane Turrell
Filed: 2021-01-06
Decided: 2024-06-03
Vaccine: influenza
Vaccination date: 2020-01-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 111027

AI-assisted case summary:
Tane Turrell filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on January 21, 2020. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent determined that Tane Turrell had no prior shoulder issues, experienced pain within 48 hours of the vaccination, and the pain was localized to the injection site, with no other identified condition explaining the pain. The respondent also agreed that the residual effects of the injury lasted for more than six months. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $111,027.81, which included $110,000.00 for pain and suffering and $1,027.81 for past unreimbursable expenses. Tane Turrell, an adult, agreed with this proffered award. The court awarded the lump sum payment of $111,027.81 to Tane Turrell.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00141-0
Date issued/filed: 2024-01-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/29/2023) regarding 54 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00141-UNJ Document 56 Filed 01/02/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-141V
TANE TURRELL, Chief Special Master Corcoran
Petitioner, Filed: November 29, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 6, 2021, Tane Turrell filed a petition2 for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner filed an amended petition on October 3, 2022. ECF No. 40.
Petitioner alleges that she suffered a shoulder injury related to vaccine administration
(“SIRVA”) as a result of receiving an influenza (“flu”) vaccination received on January 21,
2020. Amended Petition at 1. Petitioner further alleges that the vaccination was
administered within the United States, she suffered the residual effects of her injury for
more than six months, and no lawsuits have been filed or settlements or awards accepted
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 Petitioner filed an Amended Petition on October 3, 2022. See ECF No. 40.
3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-00141-UNJ Document 56 Filed 01/02/24 Page 2 of 2
due to her vaccine-related injury. Amended Petition at 2, 17. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On October 18, 2023, 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. Respondent concluded that “[P]etitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table.” Id. at 4. Specifically, Respondent determined that
“[P]etitioner had no history of pain, inflammation, or dysfunction of her right shoulder prior
to vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination;
pain was limited to the shoulder in which the vaccine was administered; and no other
condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id.
Respondent further agrees that Petitioner suffered the residual effects of her injury for
condition for more than six months. Id.
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_21-vv-00141-1
Date issued/filed: 2024-06-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/03/2024) regarding 62 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00141-UNJ Document 66 Filed 06/03/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-141V
TANE TURRELL, Chief Special Master Corcoran
Petitioner, Filed: May 3, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Camille M. Collett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 6, 2021, Tane Turrell 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”) after receiving influenza vaccination on January 21, 2020.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On November 29, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On May 2, 2024, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $111,027.81,
representing $110,000.00 in damages for pain and suffering and $1,027.81 for past
unreimbursable expenses. Proffer at 1-2. In the Proffer, Respondent represented that
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00141-UNJ Document 66 Filed 06/03/24 Page 2 of 5
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 $111,027.81 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 1:21-vv-00141-UNJ Document 66 Filed 06/03/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TANE TURRELL, )
)
Petitioner, )
) No. 21-141V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 6, 2021, Tane Turrell (“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 an influenza
vaccine she received on January 21, 2020. Petition at 1. On October 18, 2023, 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
November 29, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 52; ECF No. 54.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $110,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00141-UNJ Document 66 Filed 06/03/24 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 $1,027.81. 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 $111,027.81, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Tane Turrell: $111,027.81
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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 1:21-vv-00141-UNJ Document 66 Filed 06/03/24 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Camille M. Collett
CAMILLE M. COLLETT
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) 616-4098
DATED: May 2, 2024 E-mail: Camille.M.Collett@usdoj.gov
3