VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00688
Package ID: USCOURTS-cofc-1_22-vv-00688
Petitioner: Susan White
Filed: 2022-06-17
Decided: 2025-04-17
Vaccine: Tdap
Vaccination date: 2021-02-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
On June 17, 2022, Susan White filed a petition under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on February 5, 2021. She claimed this was a Table injury or, alternatively, a causation-in-fact injury. Petitioner further alleged that the vaccine was administered within the United States, that she suffered residual effects for more than six months, and that no civil action had been filed or compensation received for the alleged injury. The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the Tdap vaccine caused the alleged shoulder injury or any other injury, and denied that the petitioner's current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on February 27, 2025, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Susan White was awarded a lump sum of $80,000.00, to be paid via ACH deposit to her counsel's IOLTA account for prompt disbursement. This amount is intended to compensate for all items of damages available under Section 15(a) of the Vaccine Act. The stipulation represents a full and complete negotiated settlement of liability and damages, and Susan White released the United States and the Secretary of Health and Human Services from all claims related to the Tdap vaccination administered on February 5, 2021. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC. Respondent was represented by Katherine Edwards, an attorney with the U.S. Department of Justice.

Theory of causation field:
Petitioner Susan White alleged a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on February 5, 2021, claiming it was a Table injury or, alternatively, a causation-in-fact injury. Respondent denied the alleged SIRVA Table injury, causation by the Tdap vaccine, and that the current condition was a sequelae of a vaccine-related injury. The parties filed a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $80,000.00 for all damages. The stipulation was signed by Petitioner's counsel Leah VaSahnja Durant and Respondent's counsel Katherine Edwards. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The award was based on a negotiated settlement, not a finding of liability or causation by the court.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00688-0
Date issued/filed: 2025-04-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/17/2025) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:22-vv-00688-UNJ Document 42 Filed 04/17/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0688V
SUSAN WHITE, Chief Special Master Corcoran
Petitioner, Filed: March 17, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 17, 2022, Susan White 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 20, 2023, Petitioner filed an amended petition. ECF No. 20.
Petitioner alleged that she suffered a shoulder injury related to vaccine administration
(“SIRVA”), a defined Table injury, or in the alternative a causation-in-fact injury, after
receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine she received on
February 5, 2021. Amended Petition at 1, ¶¶ 1, 8-9; Stipulation, filed Feb. 27, 2025, ¶¶ 1-
2, 4. Petitioner further alleged that she received the vaccine within the United States, that
she suffered the residual effects of the SIRVA for more than six months, and that neither
she nor any other party has filed a civil action or received compensation for her SIRVA,
alleged as vaccine caused. Amended Petition at ¶¶ 9-10; Stipulation at ¶¶ 3-5.
“Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the Tdap
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-00688-UNJ Document 42 Filed 04/17/25 Page 2 of 7
vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that
[P]etitioner’s current condition is a sequalae of a vaccine-related injury.” Stipulation at ¶
6.
Nevertheless, on February 27, 2025, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $80,000.00, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation
at ¶ 8. This amount represents compensation for all items of damages that would
be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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-00688-UNJ Document 42 Filed 04/17/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SUSAN WHITE,
Petitioner,
V. No. 22-688V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Susan White ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of a tetanus (''Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § I00.3(a)
2. Petitioner received a Tdap vaccine on February 5, 2021.
3. The vaccine was administered within the United States.
4. Petitioner alleges that petitioner sustained injuries, including a shoulder injury related
to vaccine administration ("SIRVA"), within the time period set forth in the Table following
administration of the vaccine. Alternatively, she alleges that her injuries, including her SIRVA,
were caused-in-fact by the Tdap vaccine.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of the alleged injury.

Case 1:22-vv-00688-UNJ Document 42 Filed 04/17/25 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
Tdap vaccine caused petitioner's alleged SIRVA, or any other injury; and denies that petitioner's
current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 l (a)(I ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment for all damages that would be available under 42
U.S.C. § 300aa-I 5(a):
A lump sum ofSS0,000.00 to be paid through an ACH deposit to petitioner's
counsel's IOL TA account for prompt disbursement to petitioner.
This amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2 l (a)( I), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I 0. Petitioner and petitioner•s attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily liable under 42 U.S.C. § 300aa-l S(g), to the extent that payment has been made or can
reasonably be expected to be made under any State compensation programs, insurance policies,
2

Case 1:22-vv-00688-UNJ Document 42 Filed 04/17/25 Page 5 of 7
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of. or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the Tdap vaccination administered on
February 5, 202 l, as alleged in a petition for vaccine compensation filed on or about June 17,
2022, in the United States Court of Federal Claims as petition No. 22-688V.
3

Case 1:22-vv-00688-UNJ Document 42 Filed 04/17/25 Page 6 of 7
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap vaccine caused petitioner's alleged
SIRVA or any other injury or petitioner's current condition, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
4

Case 1:22-vv-00688-UNJ Document 42 Filed 04/17/25 Page 7 of 7
Res,,cctfully subnutted,
PETITIONFR •
i::~H~
AI TORNEY OF RE<.:ORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER:
OF THE AI TORN'EY GENER.Al.:
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-~~1t:e~
LEAH V. DURANT •
HEATHER l PEARLMA.~
LAW OFFICES OF LEAH LURANT PLLC Deputy Director
1717 K Street, NW, Suite 900 Torts Branch
Washington, DC 20006 Civil Division
202-775-9200 U.S. Depanment ofJ mti«
ldurant@durantJlc.com P.O. Box 146
Benjamin FrankJin Station
Washington. DC 200#--0146
AUTHORIZED REPRESENTATIVE AT IOR.t"lEY Of RECORD FOR.
OF THE SECRETARY OF HEALT H RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S.
~t~nedby~"
•S
Beach Dll•:2025.02.201S;44:14
-osw for
CAPT GEORGE REED GRJMES, MD, MPH THERINE EDWARDS
Director, Division of Injury Trial Attorney
Compensation Programs Tons Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. ~nt of Justiel?
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington. DC 200-U-01-16
5600 Fishers Lane, 08W-25A 202-7.$2-oJ .$
Rockville, MD 20857 Katherine.Edwmts.2@usdoj gtw
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Dated: Re, d 1, a& J
5