VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00539
Package ID: USCOURTS-cofc-1_21-vv-00539
Petitioner: Michael Mattioni
Filed: 2021-01-11
Decided: 2025-11-05
Vaccine: Tdap
Vaccination date: 2020-07-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 32495.28

AI-assisted case summary:
On January 11, 2021, Michael Mattioni filed a petition alleging that a Tdap vaccination administered on July 1, 2020 caused a shoulder injury related to vaccine administration. The public materials identify him as an adult petitioner but do not state his exact age.

Respondent contested whether the evidence established a qualifying SIRVA and the statutory severity requirement. The case proceeded to an expedited entitlement hearing on September 5, 2025. Chief Special Master Corcoran found that Mr. Mattioni had established entitlement for a Table SIRVA on September 9, 2025.

On November 5, 2025, the Chief Special Master awarded $32,495.28: $30,000.00 for actual pain and suffering and $2,495.28 for past unreimbursable expenses. The public damages decision does not provide a detailed treatment chronology beyond the entitlement ruling and proffer.

Theory of causation field:
Tdap vaccine July 1, 2020 causing SIRVA in adult petitioner. COMPENSATED. Respondent contested entitlement/severity; expedited hearing September 5, 2025; entitlement granted September 9, 2025. Damages November 5, 2025. Award $32,495.28 ($30,000 pain/suffering + $2,495.28 expenses). Petition filed January 11, 2021. Attorney Bridget Candace McCullough.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00539-0
Date issued/filed: 2025-10-09
Pages: 3
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/09/2025) regarding 35 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00539-UNJ Document 37 Filed 10/09/25 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-539V
MICHAEL MATTIONI, Chief Special Master Corcoran
Petitioner, Filed: September 9, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT 1
On January 11, 2021, Michael Mattioni 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 alleged that he suffered a Table injury – shoulder injury related
to vaccine administration (“SIRVA”) - as the result of a Tetanus, Diphtheria, and acellular
Pertussis (“Tdap”) vaccine received on July 1, 2020. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters (the “SPU”).
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-00539-UNJ Document 37 Filed 10/09/25 Page 2 of 3
Because entitlement was contested in Respondent’s Rule 4 Report, ECF No. 31,
Petitioner was ordered to file a combined Response to Respondent’s Rule 4 Report and
Motion for ruling on the record addressing whether Petitioner has established that he met
the Act’s severity requirement pursuant to Section 11(c)(1)(D).3 Petitioner filed his motion
and response on October 10, 2023. ECF 33. The parties were subsequently notified that
I would resolve this dispute via an expedited hearing, which took place on September 5,
2025. ECF No. 34.
Petitioner argues that he has established that he suffered the sequela of his SIRVA
for more than six months after the administration of a Tdap vaccine, as required by
Section 11(c)(1)(D)(i), while Respondent denies the evidence so preponderates (although
he challenges no other claim elements). ECF Nos. 31, 33.
After considering the arguments of both sides and questioning the parties in regard
to the disputed issue at the expedited hearing on September 5, 2025, I issued an oral
ruling on entitlement constituting my findings of fact and conclusions of law, pursuant to
Section 12(d)(3)(A). An official recording of the proceeding was taken by a court reporter,
although a transcript has not yet been filed in this matter. I hereby fully adopt and
incorporate that oral ruling as officially recorded. In another recent decision I discussed
at length the legal standards to be considered in determining entitlement. I incorporate
herein my prior discussion in Section III (A) of Tully v. Sec'y of Health & Hum. Servs., No.
21-1998V, 2024 WL 4533515, at *6-8 (Fed. Cl. Spec. Mstr. Sept. 20, 2024) to the instant
Ruling. Additionally, the official recording of my oral ruling includes my discussion of
specific facts relating to Petitioner’s claim that further informed my resolution of this
matter.
Based on my review of the complete record as a whole, and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A) of the Vaccine Act I find that
Petitioner has established that he suffered the sequela of his injury for more than six
months after the administration of his Tdap vaccination as required by Section
11(c)(1)(D)(i). I further find that all SIRVA Table requirements are met (see 42 C.F.R. §§
100.3(a)(I)(C), 100.3(c)(10)). Additionally, Petitioner has established the other claim
requirements listed in Section 11(c), i.e., receipt of a covered vaccine, etc. See generally
§ 11(c)(1)(A)(B)(E). I therefore find that Petitioner is entitled to compensation in this case.
3 The Vaccine Act’s “severity requirement,” requires a petitioner demonstrate that they:
(i) suffered the residual effects or complications of such illness, disability, injury, or
condition for more than 6 months after the administration of the vaccine, or (ii) died from
the administration of the vaccine, or (iii) suffered such illness, disability, injury or condition
from the vaccine which resulted in inpatient hospitalization and surgical intervention.
Section 11(c)(1)(D).
2

Case 1:21-vv-00539-UNJ Document 37 Filed 10/09/25 Page 3 of 3
Based on the entire record, I find that Petitioner has provided preponderant
evidence satisfying all requirements for a Table SIRVA. Petitioner is entitled to
compensation. A Damages Order will issue.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_21-vv-00539-1
Date issued/filed: 2025-12-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/05/2025) regarding 42 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00539-UNJ Document 46 Filed 12/08/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-539V
MICHAEL MATTIONI, Chief Special Master Corcoran
Petitioner, Filed: November 5, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021, Michael Mattioni 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 he suffered a Table injury – shoulder injury related
to vaccine administration (“SIRVA”) - as the result of a Tetanus, Diphtheria, and acellular
Pertussis (“Tdap”) vaccine received on July 1, 2020. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On September 9, 2025, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On November 4, 2025, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $30,000.00 in
pain and suffering and $2,495.28 in unreimbursable expenses. 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.
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-00539-UNJ Document 46 Filed 12/08/25 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $32,495.28 (representing $30,000.00 in pain and suffering and
$2,495.28 in unreimbursable expenses) to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement 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-00539-UNJ Document 46 Filed 12/08/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MICHAEL MATTIONI, )
)
Petitioner, )
) No. 21-539V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION1
On January 11, 2021, Michael Mattioni (“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 he sustained a shoulder injury related to vaccine
administration (“SIRVA”) as defined in the Vaccine Injury Table, following receipt of a Tetanus,
Diphtheria, and acellular Pertussis (“Tdap”) vaccine administered on July 1, 2020. Petition at 1.
On September 5, 2025, the Court held an expedited hearing, and on September 9, 2025, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.2 ECF
No. 35.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.
2 Respondent has no objection to the amount of the proffered award of damages set forth herein.
Assuming the Chief Special Master issues a damages decision in conformity with this proffer,
respondent waives his right to seek review of such damages decision. However, respondent
reserves his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Chief Special
Master’s September 9, 2025, entitlement decision.

Case 1:21-vv-00539-UNJ Document 46 Filed 12/08/25 Page 4 of 5
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following:
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $30,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $2,495.28. 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
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment, as described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following3:
A lump sum payment of $32,495.28, to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner, Michael Mattioni.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
3 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:21-vv-00539-UNJ Document 46 Filed 12/08/25 Page 5 of 5
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ AUSTIN J. EGAN
Austin J. Egan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 451-7479
Austin.J.Egan@usdoj.gov
Date: November 4, 2025
3