VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00869
Package ID: USCOURTS-cofc-1_21-vv-00869
Petitioner: Dawn Maxfield
Filed: 2021-02-04
Decided: 2024-05-06
Vaccine: pneumococcal conjugate
Vaccination date: 2020-10-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 195562

AI-assisted case summary:
Dawn Maxfield filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a pneumococcal conjugate vaccine administered on October 9, 2020. The respondent conceded that Ms. Maxfield satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA, and agreed that she met all statutory and jurisdictional requirements. The court found Ms. Maxfield entitled to compensation. The parties were unable to resolve the issue of damages informally, leading to a hearing on March 28, 2024. Ms. Maxfield requested $207,500.00 for pain and suffering and $7,317.47 for medical expenses, while the respondent recommended $160,000.00 for pain and suffering and $6,900.47 for medical expenses. The parties agreed on $3,662.33 for lost wages. The court awarded Ms. Maxfield $185,000.00 for pain and suffering, $6,900.47 for unreimbursable medical expenses, and $3,662.33 for lost wages, for a total lump sum payment of $195,562.80.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00869-0
Date issued/filed: 2023-04-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/13/2023) regarding 43 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00869-UNJ Document 45 Filed 04/12/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0869V
UNPUBLISHED
DAWN MAXFIELD, Chief Special Master Corcoran
Petitioner, Filed: March 13, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Pneumococcal
Conjugate Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 4, 2021, Dawn Maxfield 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”) as a result of a pneumococcal conjugate (“PCV-13”) vaccine
that was administered to her on October 9, 2020.3 Petition at 1. 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).
3 On July 7, 2021, Petitioner filed an amended petition reflecting that Petitioner received the subject
vaccination on October 9, 2020. ECF No. 9. The original petition alleged Petitioner received the subject
vaccination on October 7, 2020.

Case 1:21-vv-00869-UNJ Document 45 Filed 04/12/23 Page 2 of 2
On March 2, 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 has satisfied the criteria set forth in the
Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA. Id. at 5.
Respondent further agrees that Petitioner has met all statutory and jurisdictional
requirements. Id. at 5-6.
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-00869-1
Date issued/filed: 2024-05-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/04/2024) regarding 58 DECISION of Special Master ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00869-UNJ Document 64 Filed 05/06/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-869V
DAWN MAXFIELD, Chief Special Master Corcoran
Petitioner, Filed: April 4, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 4, 2021, Dawn Maxfield 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”) as a result of a pneumococcal vaccine administered on October
9, 2020. Amended Petition, ECF No. 9 at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters (the “SPU”). Entitlement was conceded,
but the parties could not informally resolve the issue of damages, and were therefore
ordered to file briefs setting forth their respective arguments, so that I could resolve this
dispute via an expedited “Motions Day” hearing, which took place on March 28, 2024.
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-00869-UNJ Document 64 Filed 05/06/24 Page 2 of 2
Petitioner requested an award of $207,500.00 in compensation for pain and
suffering, and $7,317.47 for medical expenses. Respondent recommended an award of
$160,000.00 for pain and suffering, and $6,900.47 for medical expenses. The parties
agreed on $3,662.33 for lost wages. After listening to the arguments of both sides, I issued
an oral ruling on damages constituting my findings of fact and conclusions of law,
pursuant to Section 12(d)(3)(A), at the conclusion of the March 28, 2024 hearing. 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 standard to be considered
in determining damages and prior SIRVA compensation within SPU. I fully adopt and
hereby incorporate my prior discussion in Sections II and III of Winkle v. Sec’y Health &
Hum. Servs., No. 20-0485V, 2022 WL 221643, at *2-4 (Fed. Cl. Spec. Mstr. Jan. 11,
2022) to the instant ruling and decision. Additionally, the official recording of my oral ruling
includes my discussion of various comparable cases as well as specific facts relating to
Petitioner’s medical history and experience that further informed my decision awarding
damages herein.
Based on my consideration of the complete record as a whole and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A), I find that $185,000.00
represents a fair and appropriate amount of compensation for Petitioner’s actual
pain and suffering, plus $6,900.47 for unreimbursable medical expenses, and
$3,662.33 for lost wages.3 I award this amount as a lump sum payment, in the form
of a check payable to Petitioner, in the amount of $195,562.80. 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 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
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