VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00016
Package ID: USCOURTS-cofc-1_23-vv-00016
Petitioner: Shilo Birnie
Filed: 2023-12-29
Decided: 2024-01-31
Vaccine: Tdap
Vaccination date: 2021-06-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 63765

AI-assisted case summary:
Shilo Birnie filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2023, alleging a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination received on June 7, 2021. Birnie further alleged that the SIRVA injury persisted for longer than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer of Damages on December 29, 2023, conceding that Birnie was entitled to compensation. The respondent stated that Birnie's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that Birnie had no prior history of left shoulder pain, inflammation, or dysfunction, that pain occurred within 48 hours after the vaccination, that the pain was limited to the vaccinated shoulder, and that no other condition or abnormality was identified to explain the shoulder pain. The respondent also agreed that Birnie had satisfied all legal prerequisites for compensation under the Act. Based on the respondent's position and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 30, 2024, finding Birnie entitled to compensation. Subsequently, on January 31, 2024, Chief Special Master Corcoran issued a decision awarding Birnie a lump sum payment of $63,765.65. This award comprised $60,000.00 for pain and suffering and $3,765.65 for past unreimbursable expenses. The award was to be paid in the form of a check payable to Petitioner. Petitioner was represented by Catherine Wallace Costigan of Maglio Christopher & Toale, and Respondent was represented by Ryan Pohlman Miller of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury beyond its classification as SIRVA. No specific medical experts were named in the provided text.

Theory of causation field:
Petitioner Shilo Birnie alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on June 7, 2021, which persisted for longer than six months. The respondent conceded entitlement, agreeing the injury was consistent with SIRVA on the Vaccine Injury Table, citing no prior shoulder issues, prompt onset of pain within 48 hours post-vaccination, pain localized to the vaccinated shoulder, and no other identified cause. Petitioner satisfied all legal prerequisites. The case proceeded as a Table claim. The respondent stipulated to damages, and Chief Special Master Brian H. Corcoran awarded Petitioner $63,765.65 ($60,000.00 for pain and suffering, $3,765.65 for past unreimbursable expenses) on January 31, 2024. Petitioner counsel: Catherine Wallace Costigan. Respondent counsel: Ryan Pohlman Miller. Special Master: Brian H. Corcoran. The public text does not detail the specific mechanism of injury or name medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00016-0
Date issued/filed: 2024-01-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/29/2023) regarding 31 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00016-UNJ Document 42 Filed 01/30/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0016V
SHILO BIRNIE, Chief Special Master Corcoran
Petitioner, Filed: December 29, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Catherine Wallace Costigan, Maglio Christopher & Toale, Washington, DC, for
Petitioner.
Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 5, 2023, Shilo Birnie 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”) following a Tdap vaccination she received on June 7, 2021.
Petition at ¶1, 18. Petitioner further alleges he suffered his SIRVA injury for longer than
six months. Petition at ¶20. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On December 29, 2023, Respondent filed his Rule 4(c) Report and Proffer of
Damages (“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to
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 1:23-vv-00016-UNJ Document 42 Filed 01/30/24 Page 2 of 2
compensation in this case. Respondent’s Rule 4/Proffer at 1. Respondent states 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 her
left 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 6. Respondent further agrees that “Petitioner 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_23-vv-00016-1
Date issued/filed: 2024-01-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/29/2023) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00016-UNJ Document 43 Filed 01/31/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0016V
SHILO BIRNIE, Chief Special Master Corcoran
Petitioner, Filed: December 29, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Catherine Wallace Costigan, Maglio Christopher & Toale, Washington, DC, for
Petitioner.
Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 5, 2023, Shilo Birnie 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”) following a Tdap vaccination she received on June 7, 2021.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On December 29, 2023, Respondent filed a Rule 4(c) Report and Proffer on
Damages (“Rule 4/Proffer”). ECF No. 30. On December 29, 2023, a ruling on entitlement
was issued, finding Petitioner entitled to compensation for her SIRVA. Respondent’s Rule
4/Proffer indicates that Petitioner should be awarded $63,765.65, representing
$60,000.00 in pain and suffering and $3,765.65 in past unreimbursable expenses. Rule
4/Proffer at 6-7. In the Rule 4/Proffer, Respondent represented that Petitioner agrees with
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 1:23-vv-00016-UNJ Document 43 Filed 01/31/24 Page 2 of 2
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 Rule 4/Proffer, I award Petitioner a lump sum
payment of $63,765.65, representing $60,000.00 in pain and suffering and $3,765.65
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