VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00855
Package ID: USCOURTS-cofc-1_21-vv-00855
Petitioner: Beverly Dye
Filed: 2021-02-03
Decided: 2022-11-14
Vaccine: Tdap
Vaccination date: 2019-09-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 57500

AI-assisted case summary:
Beverly Dye filed a petition for compensation on February 3, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on September 19, 2019. She stated that she received the vaccine in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation for her injury. Respondent filed a combined Rule 4(c) Report and Proffer on October 12, 2022, conceding that Petitioner's claim met the Table criteria for SIRVA and that all statutory and jurisdictional requirements were met. Based on Respondent's concession and the evidence, a ruling on entitlement found Petitioner entitled to compensation. Subsequently, a decision awarding damages was issued on November 14, 2022. Respondent proffered an award of $57,500.00 for pain and suffering, which Petitioner agreed to. The court awarded Beverly Dye a lump sum payment of $57,500.00 for her pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00855-0
Date issued/filed: 2022-11-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/12/2022) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00855-UNJ Document 27 Filed 11/14/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0855V
UNPUBLISHED
BEVERLY DYE, Chief Special Master Corcoran
Petitioner, Filed: October 12, 2022
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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 3, 2021, Beverly Dye 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”), a defined Table Injury, after receiving the tetanus, diphtheria,
acellular pertussis (“Tdap”) vaccine on September 19, 2019. Petition at 1, ¶ 1. Petitioner
further alleged that she received the vaccine within the United States, that she suffered
the residual effects of her injury for more than six months, and that neither she nor any
other party has filed a civil action or received compensation for her SIRVA. Id. at ¶¶ 5-7.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
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-00855-UNJ Document 27 Filed 11/14/22 Page 2 of 2
On October 12, 2022, Respondent filed a combined Rule 4(c) Report and Proffer
in which he concedes that Petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report and Proffer at 1. Specifically, Respondent has “concluded
that [P]etitioner’s claim meets the Table criteria for SIRVA.” Id. at 5. Respondent further
agrees that all statutory and jurisdictional requirements for compensation have been met.
Id. at 6.
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-00855-1
Date issued/filed: 2022-11-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/12/2022) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00855-UNJ Document 28 Filed 11/14/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0855V
UNPUBLISHED
BEVERLY DYE, Chief Special Master Corcoran
Petitioner, Filed: October 12, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus, Diphtheria, acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 3, 2021, Beverly Dye 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”), a defined Table Injury, after receiving the tetanus, diphtheria,
acellular pertussis (“Tdap”) vaccine on September 19, 2019. Petition at 1, ¶ 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On October 12, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. In this case, Respondent filed a combined Rule 4(c)
Report and Proffer on award of compensation (“Rule 4(c) Report and Proffer”) indicating
Petitioner should be awarded $57,500.00 for her pain and suffering. Rule 4(c) Report and
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-00855-UNJ Document 28 Filed 11/14/22 Page 2 of 2
Proffer at 1, 6. In the Proffer, Respondent represented that Petitioner agrees with the
proffered award. Id. at 6. Based on the record as a whole, I find that Petitioner is entitled
to an award as stated in the Rule 4(c) Report and Proffer.
Pursuant to the terms stated in combined Rule 4(c) Report and Proffer,3 I award
Petitioner a lump sum payment of $57,500.00, representing compensation for her
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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Because the Rule 4(c) Report and Proffer contains detailed medical information, it will not be filed as an
attachment to this Decision.
4 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