VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00352
Package ID: USCOURTS-cofc-1_21-vv-00352
Petitioner: Renee Bettencourt
Filed: 2021-01-08
Decided: 2024-03-19
Vaccine: Tdap
Vaccination date: 2019-09-04
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 69626

AI-assisted case summary:
Renee Bettencourt filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus diphtheria acellular pertussis (Tdap) vaccine she received on September 4, 2019. She stated that the vaccine was administered in the United States and that her injuries lasted more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Bettencourt is entitled to compensation. The respondent agreed that she had no prior history of shoulder problems, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the injection site, and no other condition explained her symptoms. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Bettencourt entitled to compensation. Subsequently, on February 15, 2024, the respondent filed a proffer on award of compensation, recommending an award of $69,626.54. This amount included $67,500.00 for pain and suffering and $2,126.54 for past unreimbursable expenses. Ms. Bettencourt agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Bettencourt the lump sum of $69,626.54.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00352-0
Date issued/filed: 2023-07-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/12/2023) regarding 48 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00352-UNJ Document 51 Filed 07/14/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0352V
RENEE BETTENCOURT, Chief Special Master Corcoran
Petitioner, Filed: June 12, 2023
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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 8, 2021, Renee Bettencourt 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 left shoulder injury related to vaccine
administration (“SIRVA”) as a result of a tetanus diphtheria acellular pertussis (“Tdap”)
vaccine received on September 4, 2019. Petition at 1. Petitioner further alleges that she
received the Tdap vaccine in the United States, her injuries and sequelae lasted more
than six months, and neither Petitioner, nor any other party, has ever filed any action or
received compensation in the form of an award or settlement for Petitioner’s vaccine-
1 Because this unpublished 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-00352-UNJ Document 51 Filed 07/14/23 Page 2 of 2
related injuries. Petition at ¶¶ 2, 7-9. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On June 12, 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 agrees that “petitioner had no relevant history of pain,
inflammation, or dysfunction in her left shoulder; her pain and reduced range of motion
occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms were
limited to the shoulder in which the vaccine was administered; and no other condition or
abnormality was identified to explain her symptoms.” Id. at 4.
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-00352-1
Date issued/filed: 2024-03-19
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/15/2024) regarding 63 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00352-UNJ Document 67 Filed 03/19/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0352V
RENEE BETTENCOURT, Chief Special Master Corcoran
Petitioner, Filed: February 15, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 8, 2021, Renee Bettencourt 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 left shoulder injury related to vaccine
administration (“SIRVA”) as a result of a tetanus diphtheria acellular pertussis (“Tdap”)
vaccine received on September 4, 2019. Petition at 1. Petitioner further alleges that she
received the Tdap vaccine in the United States, her injuries and sequelae lasted more
than six months, and neither Petitioner, nor any other party, has ever filed any action or
received compensation in the form of an award or settlement for Petitioner’s vaccine-
related injuries. Petition at ¶¶ 2, 7-9. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
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-00352-UNJ Document 67 Filed 03/19/24 Page 2 of 5
On June 12, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On February 15, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $69,626.54. Proffer at
2. 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 $69,626.54 (comprised of $67,500.00 in pain and suffering and
$2,126.54 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 1:21-vv-00352-UNJ Document 67 Filed 03/19/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RENEE BETTENCOURT,
)
)
Petitioner,
) No. 21-0352
v.
) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 8, 2021, Renee Bettencourt (“petitioner”) filed a petition for compensation
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 from a left shoulder
injury related to vaccine administration (“SIRVA”) as a result of a tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine administered on September 4, 2019. Petition at 1. On June 12, 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 the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation on the same date. ECF Nos. 48 & 49.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $ 67,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00352-UNJ Document 67 Filed 03/19/24 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 $2,126.54. 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 $69,626.54, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Renee Bettencourt: $ 69,626.54.
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 1:21-vv-00352-UNJ Document 67 Filed 03/19/24 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
COLLEEN C. HARTLEY
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: February 15, 2024
3