VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00472
Package ID: USCOURTS-cofc-1_21-vv-00472
Petitioner: Bailie Hillman
Filed: 2021-01-11
Decided: 2023-11-17
Vaccine: Tdap
Vaccination date: 2019-05-09
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 80446

AI-assisted case summary:
Bailie Hillman filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on May 9, 2019. The case was assigned to the Special Processing Unit. A ruling on entitlement was issued on September 21, 2023, finding Petitioner eligible for compensation for her SIRVA, which is a condition listed on the Vaccine Injury Table. Subsequently, on September 28, 2023, the Respondent filed a proffer on the award of compensation. The Respondent proposed an award of $80,445.69, consisting of $77,500.00 for pain and suffering and $2,945.69 for past unreimbursable expenses. The Petitioner agreed with this proffered award. Chief Special Master Brian H. Corcoran issued a decision on November 17, 2023, awarding the full proffered amount as a lump sum payment to Bailie Hillman. The case proceeded as a Table claim, and the parties stipulated to the damages. Petitioner counsel was Ronald Craig Homer. Respondent counsel was Matthew Murphy. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury is not detailed in the public decision, but the claim was recognized as a SIRVA Table injury.

Theory of causation field:
Petitioner Bailie Hillman received a Tdap vaccine on May 9, 2019, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). This condition is listed on the Vaccine Injury Table. The Respondent filed a Rule 4(c) Report indicating the case was appropriate for compensation as a SIRVA Table injury. A Ruling on Entitlement was issued on September 21, 2023, finding Petitioner entitled to compensation. The parties stipulated to damages, with Respondent proffering an award of $80,445.69, comprising $77,500.00 for pain and suffering and $2,945.69 for past unreimbursable expenses. Petitioner agreed to this award. Chief Special Master Brian H. Corcoran issued a decision on November 17, 2023, awarding the full proffered amount as a lump sum. Petitioner counsel was Ronald Craig Homer, and Respondent counsel was Matthew Murphy. The public decision does not detail specific medical evidence, expert testimony, or a precise mechanism of injury beyond it being a recognized Table injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00472-0
Date issued/filed: 2023-11-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/28/2023) regarding 46 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00472-UNJ Document 50 Filed 11/17/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0472V
BAILIE HILLMAN, Chief Special Master Corcoran
Petitioner, Filed: September 28, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021, Bailie Hillman 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”), a defined Table injury, or in the alternative a caused-in-fact
injury, after receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on May 9,
2019. Petition at 1, ¶¶ 1-3. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On September 21, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On September 28, 2023, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$80,445.69, representing $77,500.00 for pain and suffering and $2,945.69 for past
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-00472-UNJ Document 50 Filed 11/17/23 Page 2 of 5
unreimbursable expenses. Proffer at 1-2. 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 $80,445.69, representing $77,500.00 for pain and suffering and
$2,945.69 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-00472-UNJ Document 50 Filed 11/17/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BAILIE HILLMAN, )
)
Petitioner, )
) No. 21-472V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 11, 2021, Bailie Hillman (“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, diphtheria, and acellular pertussis (“Tdap”) vaccination she received on May 9, 2019.
Petition at 1. On September 20, 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 September 21, 2023, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
Nos. 41, 43.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $77,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00472-UNJ Document 50 Filed 11/17/23 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 $2,945.69. 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 $80,445.69, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Bailie Hillman: $80,445.69
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-00472-UNJ Document 50 Filed 11/17/23 Page 5 of 5
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
/s/ Matthew L. Murphy
MATTHEW L. MURPHY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 598-3895
matthew.murphy@usdoj.gov
DATED: September 28, 2023
3