VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00431
Package ID: USCOURTS-cofc-1_22-vv-00431
Petitioner: Amy Scarfpin
Filed: 2022-04-13
Decided: 2023-12-19
Vaccine: Tdap
Vaccination date: 2020-10-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85420

AI-assisted case summary:
Amy Scarfpin filed a petition for compensation under the National Vaccine Injury Compensation Program on April 13, 2022, alleging a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on October 2, 2020. She later filed an amended petition on November 6, 2023. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 7, 2023, conceding that Ms. Scarfpin's alleged injury was consistent with SIRVA, a condition listed in the Vaccine Injury Table, and that she met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 7, 2023, finding Ms. Scarfpin entitled to compensation. Subsequently, on November 17, 2023, the respondent filed a Proffer on Award of Compensation, which Ms. Scarfpin agreed to. In this proffer, the respondent recommended an award of $85,420.00, comprising $85,000.00 for pain and suffering and $420.00 for past unreimbursable expenses. Chief Special Master Corcoran issued a Decision Awarding Damages on November 17, 2023, adopting the terms of the proffer and awarding Ms. Scarfpin a lump sum payment of $85,420.00. This award represents compensation for all damages available under the Act. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and respondent was represented by Dorian Hurley of the U.S. Department of Justice. The decision was corrected and filed on December 19, 2023.

Theory of causation field:
Petitioner Amy Scarfpin alleged a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on October 2, 2020. SIRVA is a condition listed in the Vaccine Injury Table. The respondent conceded that the alleged injury was consistent with SIRVA and that petitioner met all legal prerequisites for compensation. The case proceeded to a ruling on entitlement, which found petitioner entitled to compensation. A subsequent proffer on award of compensation, agreed to by the petitioner, recommended an award of $85,420.00, consisting of $85,000.00 for pain and suffering and $420.00 for past unreimbursable expenses. Chief Special Master Brian H. Corcoran issued a decision awarding this amount on November 17, 2023. Petitioner was represented by Laura Levenberg, and respondent was represented by Dorian Hurley.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00431-0
Date issued/filed: 2023-12-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/7/2023) regarding 30 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. Modified on 12/19/2023 to correct originally filed date (sw).
--------------------------------------------------------------------------------
Case 1:22-vv-00431-UNJ Document 38 Filed 12/11/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0431V
AMY SCARFPIN, Chief Special Master Corcoran
Petitioner, Filed: November 7, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 13, 2022, Amy Scarfpin filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On November 6, 2023, she filed an amended petition. ECF No. 28.
Petitioner alleges that she suffered a shoulder injury related to vaccine administration
(“SIRVA”), a defined Table injury, after receiving a tetanus, diphtheria, acellular pertussis
(“Tdap”) vaccine on October 2, 2020. Petition at 1, ¶¶ 1, 16. Petitioner further alleges that
she received the vaccine within the United States, that she continues to suffer the residual
effect of her injury more than six months post-vaccination, and that neither she nor any
other party has filed a civil action or received compensation for her injury. Id. at ¶¶ 1, 12-
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-00431-UNJ Document 38 Filed 12/11/23 Page 2 of 2
14. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On November 7, 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 believes “that [P]etitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees that
“based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for
compensation under the Act.” 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_22-vv-00431-1
Date issued/filed: 2023-12-19
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/17/2023) regarding 34 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00431-UNJ Document 39 Filed 12/19/23 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0431V
AMY SCARFPIN, Chief Special Master Corcoran
Petitioner, Filed: November 17, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 13, 2022, Amy Scarfpin filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On November 6, 2023, she filed an amended petition. ECF No. 28.
Petitioner alleges that she suffered a shoulder injury related to vaccine administration
(“SIRVA”), a defined Table injury, after receiving a tetanus, diphtheria, acellular pertussis
(“Tdap”) vaccine on October 2, 2020. Petition at 1, ¶¶ 1, 16.. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On November 7, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On November 17, 2023, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$85,420.00, representing compensation in the amounts of $85,000.00 for pain and
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-00431-UNJ Document 39 Filed 12/19/23 Page 2 of 5
suffering and $420.00 for past unreimbursable expenses. Proffer at 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $85,420.00, representing compensation in the amounts of
$85,000.00 for pain and suffering and $420.00 for actual unreimbursable 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-00431-UNJ Document 39 Filed 12/19/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
AMY SCARFPIN, )
)
Petitioner, )
) No. 22-431V (SPU)
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 13, 2022, Amy Scarfpin (“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”). On November 6, 2023, petitioner filed an amended petition (“Amended Petition”)
alleging that she suffered a shoulder injury related to vaccine administration (“SIRVA”), as
defined in the Vaccine Injury Table, following administration of a tetanus, diphtheria, and
acellular-pertussis (“Tdap”) vaccine she received on October 2, 2020. ECF No. 28 (Amended
Petition at 1). On November 7, 2023, 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 SIRVA Table injury, and later that day, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 29; ECF
No. 30.

Case 1:22-vv-00431-UNJ Document 39 Filed 12/19/23 Page 4 of 5
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.
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 $420.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). 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 $85,420.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Amy Scarfpin $85,420.00
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 lost earnings
and future pain and suffering.
2

Case 1:22-vv-00431-UNJ Document 39 Filed 12/19/23 Page 5 of 5
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Dorian Hurley
DORIAN HURLEY
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) 353-7751
Email: Dorian.Hurley@usdoj.gov
DATED: November 17, 2023
3