VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00054
Package ID: USCOURTS-cofc-1_22-vv-00054
Petitioner: Denise Watts
Filed: 2022-01-18
Decided: 2023-08-04
Vaccine: Prevnar 13
Vaccination date: 2019-03-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 48542

AI-assisted case summary:
Denise Watts 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 Prevnar 13 vaccination she received on March 13, 2019. Her symptoms persisted for more than six months. The respondent conceded that Petitioner's claim met the Table criteria for SIRVA, noting she had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and the pain was limited to the injected shoulder. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and the statutory severity requirement was met. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, the respondent proffered an award of $48,542.31, representing $47,500.00 for pain and suffering and $1,042.31 for out-of-pocket expenses, which the petitioner agreed to. The court awarded this amount as a lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00054-0
Date issued/filed: 2023-07-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/16/2023) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:22-vv-00054-UNJ Document 36 Filed 07/28/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0054V
DENISE WATTS, Chief Special Master Corcoran
Petitioner, Filed: June 16, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 18, 2022, Denise Watts 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 Prevnar 13 vaccination she received on March
13, 2019. Petition at 1. Petitioner further alleges that her “SIRVA symptoms have
persisted for more than six months.” Petition at ¶¶33. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On June 15, 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 states that “Petitioner’s claim meets the Table criteria for SIRVA.
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 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 1:22-vv-00054-UNJ Document 36 Filed 07/28/23 Page 2 of 2
Specifically, Petitioner had no history of pain, inflammation or dysfunction of the affected
shoulder prior to intramuscular vaccine administration that would explain the alleged
signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine
injection; she suffered the onset of pain within forty-eight hours of vaccine administration;
her pain and reduced range of motion were limited to the shoulder in which the
intramuscular vaccine was administered; and there is no other condition or abnormality
present that would explain Petitioner’s symptoms.” Id. at 5. Respondent further agrees
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.
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-00054-1
Date issued/filed: 2023-08-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/30/2023) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:22-vv-00054-UNJ Document 37 Filed 08/04/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0054V
DENISE WATTS, Chief Special Master Corcoran
Petitioner, Filed: June 30, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 18, 2022, Denise Watts 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 Prevnar-13 vaccination she received on March
13, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On June 16, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her SIRVA. ECF No. 27. On June 29, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $48,542.31,
representing $47,500.00 in pain and suffering and $1,042.31 in out-of-pocket expenses.
Proffer at 2-3. 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 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 1:22-vv-00054-UNJ Document 37 Filed 08/04/23 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $48,542.31, representing $47,500.00 in pain and suffering and
$1,042.31 in out-of-pocket expenses, 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-00054-UNJ Document 37 Filed 08/04/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
DENISE WATTS, )
)
Petitioner, )
) No. 22-54V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On January 18, 2022, Denise Watts (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to 34 (“Vaccine Act”
or “Act”), alleging that she suffered a right shoulder injury related to vaccine administration
(“SIRVA”), a Table injury, as a result of a Prevnar-13 (“Prevnar”) vaccine administered to her
on March 13, 2019. Petition at 1. On June 15, 2023, the Secretary of Health and Human
Services (“respondent”) filed a Vaccine Rule 4(c) Report conceding entitlement. ECF No. 26.
On June 16, 2023, Chief Special Master Corcoran issued an entitlement ruling in favor of
petitioner. See Ruling on Entitlement (ECF No. 27).
II. Items of Compensation
Respondent proffers that petitioner should be awarded $47,500.00 for pain and suffering
and $1,042.31 for out-of-pocket expenses.
This represents all elements of compensation to which petitioner is entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:22-vv-00054-UNJ Document 37 Filed 08/04/23 Page 4 of 4
III. 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 $48,542.31, in the form of a
check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Denise Watts: $48,542.31
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
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/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
DATED: June 29, 2023
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 pain and
suffering.
2