VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00238
Package ID: USCOURTS-cofc-1_21-vv-00238
Petitioner: Leslie G. Bromberg
Filed: 2021-01-07
Decided: 2023-06-12
Vaccine: Prevnar-13
Vaccination date: 2020-06-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Leslie G. Bromberg filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a Prevnar-13 vaccine received on June 16, 2020. The case was handled by the Special Processing Unit. On April 27, 2023, the Respondent filed a Rule 4(c) report conceding that Ms. Bromberg's injury was consistent with SIRVA, a condition listed on the Vaccine Injury Table, and that her injury lasted for at least six months. Based on the Respondent's concession and the evidence, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 28, 2023, finding Petitioner entitled to compensation. Subsequently, on May 10, 2023, the Respondent filed a proffer on award of compensation. The parties stipulated to a damages award of $90,000.00 for actual pain and suffering. Chief Special Master Corcoran issued a decision on June 12, 2023, awarding Ms. Bromberg a lump sum payment of $90,000.00, payable by check to her, as compensation for all damages. Petitioner was represented by Andrew Donald Downing of Downing, Allison & Jorgenson, and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The mechanism of injury is not detailed in the public text.

Theory of causation field:
Petitioner Leslie G. Bromberg alleged a shoulder injury related to vaccine administration (SIRVA) following a Prevnar-13 vaccine on June 16, 2020. Respondent conceded that the injury was consistent with SIRVA, a condition listed on the Vaccine Injury Table, and that the injury lasted at least six months. The public text does not detail the specific mechanism of injury, expert testimony, or medical evidence beyond the Respondent's concession. Chief Special Master Brian H. Corcoran ruled on entitlement on April 28, 2023, finding Petitioner entitled to compensation. A subsequent decision on June 12, 2023, awarded Petitioner a lump sum of $90,000.00 for actual pain and suffering, representing compensation for all damages, based on a stipulation between Petitioner and Respondent. Petitioner was represented by Andrew Donald Downing, and Respondent by Kimberly Shubert Davey.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00238-0
Date issued/filed: 2023-05-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/28/2023) regarding 57 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00238-UNJ Document 67 Filed 05/30/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0238V
UNPUBLISHED
LESLIE G. BROMBERG, Chief Special Master Corcoran
Petitioner, Filed: April 28, 2023
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)
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Leslie G. Bromberg 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 Prevnar-13 vaccine administered on June 16,
2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On April 27, 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.
Specifically, Respondent has determined that “[P]etitioner’s injury is consistent with
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 1:21-vv-00238-UNJ Document 67 Filed 05/30/23 Page 2 of 2
SIRVA, as defined on the Vaccine Injury Table.” Id. at 6. Respondent further agrees that
“[P]etitioner has satisfied the statutory requirement that [P]etitioner’s injury lasted for at
least 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-00238-1
Date issued/filed: 2023-06-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/10/2023) regarding 60 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00238-UNJ Document 70 Filed 06/12/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0238V
UNPUBLISHED
LESLIE G. BROMBERG, Chief Special Master Corcoran
Petitioner, Filed: May 10, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Prevnar-13; Shoulder Injury Related
to Vaccine Administration (SIRVA)
Respondent.
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Leslie G. Bromberg 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 Prevnar-13 vaccine administered on June 16,
2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On April 28, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On May 10, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $90,000.00 in actual
pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner
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 1:21-vv-00238-UNJ Document 70 Filed 06/12/23 Page 2 of 4
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 $90,000.00 in actual pain and suffering 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-00238-UNJ Document 70 Filed 06/12/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
LESLIE G. BROMBERG, )
)
Petitioner, )
) No. 21-238V (ECF)
v. ) Chief Special Master Corcoran
) SPU
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 7, 2021, Leslie G. Bromberg (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or
“the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she suffered a shoulder injury
related to vaccine administration (“SIRVA”), a Table injury, as a result of an Prevnar-13 vaccine
administered to her on June 16, 2020. Petition at 1. On April 27, 2023, the Secretary of Health
and Human Services (“respondent”) filed a Rule 4(c) Report recommending that compensation
be awarded. ECF No. 56. On April 28, 2023, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 57.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $90,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). 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

Case 1:21-vv-00238-UNJ Document 70 Filed 06/12/23 Page 4 of 4
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 $90,000.00, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Leslie G. Bromberg.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Leslie G. Bromberg: $90,000.00
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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Kimberly S. Davey
KIMBERLY S. DAVEY
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) 307-1815
Kimberly.Davey@usdoj.gov
DATED: May 10, 2023
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