VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00903
Package ID: USCOURTS-cofc-1_21-vv-00903
Petitioner: Brandy Romeo
Filed: 2021-02-10
Decided: 2023-10-30
Vaccine: Tdap
Vaccination date: 2020-06-08
Condition: right shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 44000

AI-assisted case summary:
Brandy Romeo filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered right shoulder injuries related to vaccine administration (SIRVA) resulting from a Tdap vaccination received on June 8, 2020. She alleged that her symptoms lasted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Romeo was entitled to compensation. The respondent concluded that her condition was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection shoulder, and no other condition explained the pain. The respondent also agreed that the residual effects lasted more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Romeo entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $44,000.00 for pain and suffering, which Ms. Romeo accepted. The court awarded Ms. Romeo a lump sum payment of $44,000.00 in pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00903-0
Date issued/filed: 2023-10-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/26/2023) regarding 37 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00903-UNJ Document 42 Filed 10/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-903V
BRANDY ROMEO, Chief Special Master Corcoran
Petitioner, Filed: September 26, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 10, 2021, Brandy Romeo filed a petition2 for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that she suffered right shoulder injuries related to
vaccine administration (SIRVA) resulting from the tetanus, diphtheria, and acellular
pertussis (Tdap) vaccination received on June 8, 2020. Amended Petition at 1. Petitioner
further alleges that the vaccination was administered within the United States, her
symptoms lasted for more than six months, and neither she, nor any other party, has ever
filed any action or received compensation in the form of award or settlement for her
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 Petitioner filed an amended petition on October 19, 2021.
3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-00903-UNJ Document 42 Filed 10/27/23 Page 2 of 2
vaccine-related injury. Id. at 1, 4. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On September 25, 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. Respondent concluded that Petitioner’s alleged is consistent with SIRVA as
defined by the Vaccine Injury Table. Id. at 4. Specifically, Respondent determined that
“[P]etitioner had no history of pain, inflammation, or dysfunction of her right shoulder prior
to vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination;
pain was limited to the shoulder in which the vaccine was administered; and no other
condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id.
Respondent further agrees that Petitioner suffered the residual effects of her condition for
more than six months. Id.
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-00903-1
Date issued/filed: 2023-10-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/26/2023) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00903-UNJ Document 43 Filed 10/30/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-903V
BRANDY ROMEO, Chief Special Master Corcoran
Petitioner, Filed: September 26, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 10, 2021, Brandy Romeo 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 right shoulder injuries related to
vaccine administration (SIRVA) resulting from the tetanus, diphtheria, and acellular
pertussis (Tdap) vaccination received on June 8, 2020. Petition at 1. The case was
assigned to the Special Processing Unit (SPU) of the Office of Special Masters.
On September 25, 2023, Respondent filed a combined Rule 4(c) report and proffer
on award of compensation (“Proffer”). On September 26, 2023, a ruling on entitlement
was issued finding Petitioner entitled to compensation for SIRVA. In the Proffer,
Respondent indicated that Petitioner should be awarded $44,000.00 in pain and suffering.
Proffer at 5. Also in the Proffer, Respondent represented that Petitioner agrees with the
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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-00903-UNJ Document 43 Filed 10/30/23 Page 2 of 2
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 Proffer, I award Petitioner a lump sum
payment of $44,000.00 in 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.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