VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00454
Package ID: USCOURTS-cofc-1_22-vv-00454
Petitioner: Katie Pendleton
Filed: 2022-04-20
Decided: 2024-02-23
Vaccine: Tdap
Vaccination date: 2021-05-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Katie Pendleton filed a petition for compensation under the National Vaccine Injury Compensation Program on April 20, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine on May 27, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 10, 2023, conceding that Ms. Pendleton's alleged injury was consistent with SIRVA, a defined Table injury, and that she satisfied 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 October 10, 2023, finding Ms. Pendleton entitled to compensation. Subsequently, on January 23, 2024, the respondent filed a Proffer on Award of Compensation. The proffer indicated that Ms. Pendleton should be awarded $85,000.00 for pain and suffering, and that Ms. Pendleton agreed with this proffered award. On February 23, 2024, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Ms. Pendleton a lump sum payment of $85,000.00, representing compensation for pain and suffering. The decision was issued by Chief Special Master Brian H. Corcoran. Petitioner's counsel was David John Carney of Green & Schafle LLC, and respondent's counsel was Ronalda Elnetta Kosh of the U.S. Department of Justice.

Theory of causation field:
Katie Pendleton alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on May 27, 2021. The respondent conceded that the alleged injury was consistent with SIRVA, a defined Table injury, and that all legal prerequisites for compensation were met. The case proceeded to an entitlement ruling on October 10, 2023, by Chief Special Master Brian H. Corcoran, finding Ms. Pendleton entitled to compensation. A subsequent decision on February 23, 2024, by Chief Special Master Corcoran awarded Ms. Pendleton $85,000.00 for pain and suffering, based on a stipulation between the parties. The public record does not describe the specific medical onset, symptoms, diagnostic tests, treatments, or expert opinions regarding the mechanism of injury. The theory of causation relied upon was that SIRVA is a "Table" injury. Petitioner was represented by David John Carney, and Respondent was represented by Ronalda Elnetta Kosh.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00454-0
Date issued/filed: 2023-11-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/10/2023) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00454-UNJ Document 27 Filed 11/13/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0454V
KATIE PENDLETON, Chief Special Master Corcoran
Petitioner, Filed: October 10, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 20, 2022, Katie Pendleton 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”), a defined Table injury or, in the alternative caused-in-fact injury,
after receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on May 27, 2021.
Petition at 1, ¶¶ 3, 22-23. Petitioner further alleges that she received the vaccine within
the United States, that she continues to suffer the residual effects of her SIRVA injury
more than six months, and that neither she nor any other party has filed a civil case or
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-00454-UNJ Document 27 Filed 11/13/23 Page 2 of 2
received compensation for her SIRVA injury. Petition at ¶¶ 3, 20-21. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 10, 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 6. Respondent further believes that
“based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for
compensation under the Act.” Id. at 6-7.
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-00454-1
Date issued/filed: 2024-02-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/23/2024) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00454-UNJ Document 38 Filed 02/23/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0454V
KATIE PENDLETON, Chief Special Master Corcoran
Petitioner, Filed: January 23, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 20, 2022, Katie Pendleton 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”), a defined Table injury or, in the alternative caused-in-fact injury,
after receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on May 27, 2021.
Petition at 1, ¶¶ 3, 22-23. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 10, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On January 23, 2024, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $85,000.00,
representing compensation for pain and suffering. Proffer at 1. In the Proffer, Respondent
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-00454-UNJ Document 38 Filed 02/23/24 Page 2 of 5
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 $85,000.00, representing compensation for pain and suffering 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-00454-UNJ Document 38 Filed 02/23/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
KATIE PENDLETON, )
)
)
Petitioner, )
) No. 22-454V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 20, 2022, Katie Pendleton (“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 Table shoulder injury related to vaccine administration
(“SIRVA”), as the result of a Tetanus-Diphtheria-acellular Pertussis (“Tdap”) vaccination
received on May 27, 2021. Petition at 1. On October 10, 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 on the same day the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
ECF Nos. 24, 25.
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.

Case 1:22-vv-00454-UNJ Document 38 Filed 02/23/24 Page 4 of 5
This amount represents 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
one 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 $85,000.00, in the form
of a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Katie Pendleton: $85,000.00
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
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.

Case 1:22-vv-00454-UNJ Document 38 Filed 02/23/24 Page 5 of 5
s/ Ronalda E. Kosh
RONALDA E. KOSH
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) 616-4476
Email: ronalda.kosh@usdoj.gov
DATED: January 23, 2024