VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00682
Package ID: USCOURTS-cofc-1_22-vv-00682
Petitioner: Patrick Simmons
Filed: 2022-06-17
Decided: 2024-03-12
Vaccine: Tdap
Vaccination date: 2021-09-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85013

AI-assisted case summary:
Patrick Simmons filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus diphtheria acellular pertussis (Tdap) vaccine received on September 29, 2021. The petition was filed on June 17, 2022. Respondent conceded that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that he had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. Respondent also agreed that Petitioner suffered residual effects for more than six months and met all legal prerequisites for compensation. A ruling on entitlement was issued on January 3, 2024, finding Petitioner entitled to compensation. Subsequently, on February 5, 2024, Respondent filed a proffer on award of compensation, proposing an award of $85,013.42, which Petitioner accepted. This amount comprised $84,500.00 for pain and suffering and $513.42 for past unreimbursable expenses. A decision awarding damages was issued on March 12, 2024, granting the lump sum payment to Patrick Simmons, who is a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00682-0
Date issued/filed: 2024-02-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/03/2024) regarding 34 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00682-UNJ Document 37 Filed 02/05/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0682V
PATRICK SIMMONS, Chief Special Master Corcoran
Petitioner, Filed: January 3, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 17, 2022, Patrick Simmons 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 February 13, 2023, Petitioner filed an amended petition. Petitioner
alleges that he suffered a shoulder injury related to vaccine administration resulting from
a tetanus diphtheria acellular pertussis (“Tdap”) vaccine received on September 29, 2021.
Amended Petition at 1. Petitioner further alleges that the vaccine was received in the
United States, he suffered sequela for more than six months, and neither Petitioner, nor
any other party, has ever received compensation in the form of an award or settlement
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-00682-UNJ Document 37 Filed 02/05/24 Page 2 of 2
for his vaccine-related injury. Amended Petition at ¶¶ 1, 7, 9; Ex. 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On December 30, 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 agrees that “petitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history
of pain, inflammation, or dysfunction of his right shoulder prior to vaccination; pain
occurred within 48 hours after receipt of an intramuscular vaccination; pain was limited to
the shoulder in which the vaccine was administered; and no other condition or abnormality
has been identified to explain petitioner’s shoulder pain.” Id. at 3. Respondent further
agrees that the records demonstrate that Petitioner suffered the residual effects of his
condition for more than six months and 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

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DOCUMENT 2: USCOURTS-cofc-1_22-vv-00682-1
Date issued/filed: 2024-03-12
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/06/2024) regarding 39 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00682-UNJ Document 43 Filed 03/12/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0682V
PATRICK SIMMONS, Chief Special Master Corcoran
Petitioner, Filed: February 6, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 17, 2022, Patrick Simmons 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 February 13, 2023, Petitioner filed an amended petition. Petitioner
alleges that he suffered a shoulder injury related to vaccine administration (“SIRVA”)
resulting from a tetanus diphtheria acellular pertussis (“Tdap”) vaccine received on
September 29, 2021. Amended Petition at 1. Petitioner further alleges that the vaccine
was received in the United States, he suffered sequela for more than six months, and
neither Petitioner, nor any other party, has ever received compensation in the form of an
award or settlement for his vaccine-related injury. Amended Petition at ¶¶ 1, 7, 9; Ex. 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
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-00682-UNJ Document 43 Filed 03/12/24 Page 2 of 5
On January 3, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On February 5, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $85,013.42. 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 $85,013.42 (comprised of $84,500.00 in pain and suffering and
$513.42 in past 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-00682-UNJ Document 43 Filed 03/12/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
PATRICK SIMMONS,
Petitioner,
v. No. 22-682V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 17, 2022, Patrick Simmons (“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, alleging that he suffered a Shoulder Injury Related to
Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following
administration of a tetanus, diphtheria, and pertussis (“Tdap”) vaccine that he received on
September 29, 2021. ECF No. 1 at 1. On December 30, 2023, respondent filed a Rule 4(c)
Report, recommending that compensation be awarded. ECF No. 32. On January 3, 2024, Chief
Special Master Corcoran issued a Ruling on Entitlement, agreeing with respondent that
petitioner’s claim meets the Table criteria for SIRVA. ECF No. 34.
I. Items of Compensation
a. Pain and Suffering
Respondent proffers that petitioner should be awarded $84,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00682-UNJ Document 43 Filed 03/12/24 Page 4 of 5
b. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
pertaining to his vaccine-related injury. Respondent proffers that petitioner should be awarded
past unreimbursable expenses in the total amount of $513.42. 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
one lump sum payment as described below and requests that the Chief Special Master’s decision
and the Court’s judgment award the following:1
One lump sum payment of $85,013.42, in the form of a check payable to petitioner.
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
COLLEEN C. HARTLEY
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 lost earnings
and future pain and suffering.
2

Case 1:22-vv-00682-UNJ Document 43 Filed 03/12/24 Page 5 of 5
/s/ Joseph Leavitt
JOSEPH D. LEAVITT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
Email: joseph.leavitt@usdoj.gov
Dated: February 5, 2024
3