VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00266
Package ID: USCOURTS-cofc-1_22-vv-00266
Petitioner: Gertrude Teresa McCleary
Filed: 2022-03-09
Decided: 2023-11-03
Vaccine: Tdap
Vaccination date: 2020-03-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Gertrude Teresa McCleary filed a petition for compensation under the National Vaccine Injury Compensation Program on March 9, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine administered on March 23, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 28, 2023, conceding that Ms. McCleary's injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found Gertrude Teresa McCleary entitled to compensation. A decision on damages is pending. The public decision does not describe the specific onset, symptoms, diagnostic tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Lane C. Siesky of Siesky Law Firm, PC, and Respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice.

Theory of causation field:
Petitioner Gertrude Teresa McCleary filed a petition on March 9, 2022, alleging a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on March 23, 2020. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that petitioner suffered residual effects for more than six months. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 3, 2023, finding petitioner entitled to compensation based on the respondent's concession. The public text does not specify the mechanism of injury, expert testimony, or the breakdown of the award, as damages are pending. Petitioner's counsel was Lane C. Siesky, and respondent's counsel was Alexa Roggenkamp.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00266-0
Date issued/filed: 2023-11-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/04/2023) regarding 28 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00266-UNJ Document 30 Filed 11/03/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0266V
GERTRUDE TERESA MCCLEARY, Chief Special Master Corcoran
Petitioner, Filed: October 4, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Lane C. Siesky, Siesky Law Firm, PC, Evansville, IN, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 9, 2022, Gertrude Teresa McCleary 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 tetanus, diphtheria, and acellular
pertussis (“Tdap”) vaccine that was administered on March 23, 2020. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 28, 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 “has concluded that petitioner’s injury is consistent
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-00266-UNJ Document 30 Filed 11/03/23 Page 2 of 2
with SIRVA as defined by the Vaccine Injury Table.” Id. at 7. 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