VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00285
Package ID: USCOURTS-cofc-1_21-vv-00285
Petitioner: Roxann Wellington
Filed: 2021-01-07
Decided: 2024-05-06
Vaccine: Tdap
Vaccination date: 2019-10-11
Condition: Chronic Regional Pain Syndrome (CRPS)
Outcome: compensated
Award amount USD: 72872

AI-assisted case summary:
Roxann Wellington filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered Chronic Regional Pain Syndrome (CRPS) caused-in-fact by a Tdap vaccine she received on October 11, 2019. The case was assigned to the Special Processing Unit of the Office of Special Masters. Respondent filed a Rule 4(c) Report conceding that Petitioner is entitled to compensation, agreeing that her left arm CRPS was caused-in-fact by the Tdap vaccination and that she satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on June 28, 2023, finding Petitioner entitled to compensation for her CRPS. Subsequently, on April 5, 2024, Respondent filed a proffer on award of compensation. The parties stipulated to an award of $72,872.20, representing $72,500.00 for pain and suffering and $372.20 for past unreimbursable expenses. Chief Special Master Corcoran issued a Decision Awarding Damages on May 6, 2024, awarding Petitioner the stipulated lump sum payment.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00285-0
Date issued/filed: 2023-08-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/28/2023) regarding 30 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00285-UNJ Document 32 Filed 08/04/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0285V
ROXANN WELLINGTON Chief Special Master Corcoran
Petitioner, Filed: June 28, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Roxann Wellington filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). She filed an amended petition on August 2, 2022. ECF No. 21. Petitioner
alleges that she suffered Chronic Regional Pain Syndrome (“CRPS”) which was caused-
in-fact by the tetanus, diphtheria, acellular pertussis (“Tdap”) she received on October 11,
2019. Id. at 1, ¶¶ 1, 9. Petitioner further alleges that she received the vaccine within the
United States, that she suffered the residual effects of her injury for more than six months
post-vaccination, and that neither she nor any other individual has filed a civil action or
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 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-00285-UNJ Document 32 Filed 08/04/23 Page 2 of 2
received compensation for her injury. Id. at ¶¶ 1, 9-10. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On June 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, ECF No. 29. Specifically, Respondent “agrees with [P]etitioner’s claim that her left arm
CRPS was caused-in-fact by the Tdap vaccination she received on October 11, 2019.”
Id. at 9. Respondent further agrees that “based on the record as it now stands, [P]etitioner
has satisfied all legal prerequisites for compensation under the Act.” 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-00285-1
Date issued/filed: 2024-05-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/05/2024) regarding 42 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00285-UNJ Document 46 Filed 05/06/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0285V
ROXANN WELLINGTON, Chief Special Master Corcoran
Petitioner, Filed: April 5, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Roxann Wellington filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). She filed an amended petition on August 2, 2022. ECF No. 21. Petitioner
alleges that she suffered Chronic Regional Pain Syndrome (“CRPS”) which was caused-
in-fact by the tetanus, diphtheria, acellular pertussis (“Tdap”) she received on October 11,
2019. Id. at 1, ¶¶ 1, 9. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On June 28, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her CRPS caused-in-fact by the Tdap vaccine. ECF No. 30. On April 5,
2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating
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-00285-UNJ Document 46 Filed 05/06/24 Page 2 of 5
Petitioner should be awarded $72,872.20, representing compensation in the amounts of
$72,500.00 for pain and suffering and $372.20 for past unreimbursable expenses. Proffer
at 1-2, ECF No. 41. 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 $72,872.20, representing compensation in the amounts of
$72,500.00 for pain and suffering and $372.20 for actual 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 1:21-vv-00285-UNJ Document 46 Filed 05/06/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ROXANN WELLINGTON, )
)
Petitioner, )
) No. 21-285V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 7, 2021, Roxann Wellington (“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 vaccine she received on October 11, 2019. Petition at 1. Petitioner filed an amended
petition on August 2, 2022. ECF No. 21. On June 27, 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 June 28, 2023, 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 $72,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00285-UNJ Document 46 Filed 05/06/24 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 $372.20. 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 $72,872.20, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Roxann Wellington: $72,872.20
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-00285-UNJ Document 46 Filed 05/06/24 Page 5 of 5
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
/s/ Eleanor A. Hanson
ELEANOR A. HANSON
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) 305-1110
Email: Eleanor.hanson@usdoj.gov
DATED: April 5, 2024
3