VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00045
Package ID: USCOURTS-cofc-1_22-vv-00045
Petitioner: Jill Gardner
Filed: 2022-10-17
Decided: 2023-03-06
Vaccine: Tdap
Vaccination date: 2021-02-16
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 96175

AI-assisted case summary:
Jill Gardner, a 53-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 13, 2022. She alleged that she suffered a Table injury, brachial neuritis, as a result of a Tdap vaccine she received on February 16, 2021. Ms. Gardner further alleged that her symptoms persisted for more than eight months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 17, 2022, conceding that Ms. Gardner was entitled to compensation. The respondent agreed that Ms. Gardner had demonstrated by preponderant evidence that she met the requirements for a Table injury of brachial neuritis. The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and that Ms. Gardner satisfied the statutory severity requirement by suffering residual effects or complications of her injury for more than six months after vaccine administration. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 17, 2022, finding Ms. Gardner eligible for compensation. Subsequently, on February 1, 2023, the respondent filed a proffer on award of compensation. The proffer indicated that Ms. Gardner should be awarded $96,175.91, which included $85,000.00 for pain and suffering, $3,683.66 for unreimbursed expenses, and $7,492.25 for lost wages. The proffer stated that Ms. Gardner agreed with the proffered award. On March 6, 2023, Chief Special Master Corcoran issued a decision awarding Ms. Gardner a lump sum payment of $96,175.91, representing the stipulated amounts for pain and suffering, unreimbursed expenses, and lost wages. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Parisa Tabbassian of the U.S. Department of Justice.

Theory of causation field:
Jill Gardner, age 53, received a Tdap vaccine on February 16, 2021, and subsequently developed brachial neuritis, a condition listed on the Vaccine Injury Table. Her petition alleged that her symptoms persisted for more than eight months. The respondent conceded entitlement, agreeing that Petitioner demonstrated preponderant evidence meeting the requirements for a Table injury of brachial neuritis, that the case was timely filed, the vaccine was received in the United States, and the statutory severity requirement was met. The Special Master ruled on entitlement based on the respondent's concession. A stipulation for damages was reached, with the respondent proffering an award of $96,175.91, which included $85,000.00 for pain and suffering, $3,683.66 for unreimbursed expenses, and $7,492.25 for lost wages. Petitioner agreed to this award. Chief Special Master Brian H. Corcoran issued a decision awarding the stipulated lump sum payment on March 6, 2023. Petitioner was represented by Jimmy A. Zgheib, and respondent was represented by Parisa Tabbassian.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00045-0
Date issued/filed: 2022-11-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/17/2022) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00045-UNJ Document 21 Filed 11/17/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0045V
UNPUBLISHED
JILL GARDNER, Chief Special Master Corcoran
Petitioner, Filed: October 17, 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. Brachial Neuritis
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Parisa Tabbassian, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 13, 2022, Jill Gardner 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 injuries a Table injury, brachial neuritis,
as a result of a Tdap vaccine she received on February 16, 2021. Petition at ¶4, 42.
Petitioner further alleges that “her symptoms have persisted for more than eight months.”
Petition at ¶45. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On October 17, 2022, 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 states that “Petitioner has demonstrated preponderant
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 1:22-vv-00045-UNJ Document 21 Filed 11/17/22 Page 2 of 2
evidence meeting the requirements” of a Table injury of brachial neuritis. Id. at 7.
Respondent further agrees that “the records show that the case was timely filed, that the
vaccine was received in the United States, and that Petitioner satisfies the statutory
severity requirement by suffering the residual effects or complications of her injury for
more than six months after vaccine administration.” Id. at 8.
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_22-vv-00045-1
Date issued/filed: 2023-03-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/02/2023) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00045-UNJ Document 31 Filed 03/06/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0045V
UNPUBLISHED
JILL GARDNER, Chief Special Master Corcoran
Petitioner, Filed: February 2, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Brachial
Respondent. Neuritis
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Parisa Tabbassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 13, 2022, Jill Gardner 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 brachial neuritis as a result fo a Tdap
vaccination she received on February 16, 2021. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On October 17, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her brachial neuritis. On February 1, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $96,175.91,
representing $85,000.00 in pain and suffering, $3,683.66 in unreimbursed expenses, and
$7,492.25 in lost wages. Proffer at 1-2. 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 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 1:22-vv-00045-UNJ Document 31 Filed 03/06/23 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $96,175.91, representing $85,000.00 in pain and suffering, $3,683.66
in unreimbursed expenses, and $7,492.25 in lost wages 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

Case 1:22-vv-00045-UNJ Document 31 Filed 03/06/23 Page 3 of 5
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JILL GARDNER,
Petitioner,
v. No. 22-45V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 13, 2022, Jill Gardner (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the
Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she received a tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccination on February 16, 2021, at fifty-three years of age, and
thereafter suffered from a shoulder injury related to vaccine administration (“SIRVA”) and/or
brachial neuritis. See Petition. On October 17, 2022, the Secretary of Health and Human
Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for
compensation under the terms of the Act for a brachial neuritis injury, and on October 17, 2022,
the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 17; ECF No. 18.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $85,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:22-vv-00045-UNJ Document 31 Filed 03/06/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $3,683.66. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $7,492.25. See 42 U.S.C. § 300aa-15(a)(3)(A). 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
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $96,175.91, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Jill Gardner: $96,175.91
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:22-vv-00045-UNJ Document 31 Filed 03/06/23 Page 5 of 5
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ PARISA TABASSIAN
PARISA TABASSIAN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-4035
parisa.tabassian@usdoj.gov
DATED: February 1, 2023
3