VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01383
Package ID: USCOURTS-cofc-1_21-vv-01383
Petitioner: Tina Paxson
Filed: 2021-05-21
Decided: 2023-02-27
Vaccine: Tdap
Vaccination date: 2020-08-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 57286

AI-assisted case summary:
Tina Paxson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus diphtheria acellular pertussis (Tdap) vaccine she received on August 5, 2020. She stated that the vaccination occurred in the United States, her symptoms persisted for more than six months, and she had not filed any other action or received compensation for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Paxson was entitled to compensation. The respondent determined that she had no prior history of shoulder issues, her pain and reduced range of motion began within 48 hours of the vaccination, her symptoms were confined to the injection site shoulder, and no other condition explained her symptoms. The respondent also confirmed the case was timely filed, the vaccine was administered in the U.S., and the severity requirement was met. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Paxson entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $57,286.57 for all damages available under the Vaccine Act, which Ms. Paxson agreed to. The court awarded Ms. Paxson a lump sum payment of $57,286.57.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01383-0
Date issued/filed: 2023-02-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/24/2023) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01383-UNJ Document 23 Filed 02/24/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1383V
UNPUBLISHED
TINA PAXSON, Chief Special Master Corcoran
Petitioner, Filed: January 24, 2023
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)
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 21, 2021, Tina Paxson 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) resulting from the tetanus diphtheria acellular pertussis (Tdap)
vaccine she received on August 5, 2020. Petition at 1. Petitioner further alleges that the
vaccination was administered within the United States, her SIRVA symptoms persisted
for more than six months, and neither Petitioner nor any other party has ever filed any
action or received compensation in the form of award or settlement for her vaccine-related
injury. Petition at 1, 3. 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-01383-UNJ Document 23 Filed 02/24/23 Page 2 of 2
On January 19, 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 determined that “[P]etitioner had no history of pain,
inflammation or dysfunction in her left shoulder; her pain and reduced range of motion
occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms were
limited to the shoulder in which the vaccine was administered; and no other condition or
abnormality was identified to explain her symptoms.” Id. at 3. Respondent further agrees
that the case was timely filed, that the vaccine was received in the United States, and that
“[P]etitioner satisfies the statutory severity requirement by suffering the residual effects or
complications of her injury for more than six months after vaccine administration.
Petitioner also avers that she has not filed a civil action for alleged vaccine-related injuries
and has not received compensation in the form of an award or civil settlement for alleged
vaccine-related injury.” Id. Respondent conceded that entitlement to compensation is
appropriate in this case under the terms of the Vaccine Act. Id. at 4.
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-01383-1
Date issued/filed: 2023-02-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/24/2023) regarding 19 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01383-UNJ Document 24 Filed 02/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1383V
UNPUBLISHED
TINA PAXSON, Chief Special Master Corcoran
Petitioner, Filed: January 24, 2023
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)
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 21, 2021, Tina Paxson 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) resulting from the tetanus diphtheria acellular pertussis (Tdap)
vaccine she received on August 5, 2020. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On January 19, 2023, Respondent filed a combined Rule 4(c) report and proffer
on award of compensation (“Proffer”). On January 24, 2023, a ruling on entitlement was
issued, finding Petitioner entitled to compensation for SIRVA. In the Proffer, Respondent
indicated that Petitioner should be awarded $57,286.57 for all damages available
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-01383-UNJ Document 24 Filed 02/27/23 Page 2 of 2
pursuant to 42 U.S.C. § 300aa-15(a). Proffer at 4. Also 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 Proffer, I award Petitioner a lump sum
payment of $57,286.57 for all damages available pursuant to 42 U.S.C. § 300aa-15(a)
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