VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00190
Package ID: USCOURTS-cofc-1_23-vv-00190
Petitioner: Molly McBride
Filed: 2023-12-08
Decided: 2024-01-09
Vaccine: HPV
Vaccination date: 2021-04-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 28000

AI-assisted case summary:
Molly McBride filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a human papillomavirus (HPV) vaccine on April 23, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that McBride's injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she met all legal requirements for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found McBride entitled to compensation. Subsequently, a decision on damages was issued, awarding McBride a lump sum of $28,000.00 for pain and suffering. This award represents all elements of compensation available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00190-0
Date issued/filed: 2024-01-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/08/2023 ) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00190-UNJ Document 27 Filed 01/08/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0190V
MOLLY MCBRIDE, Chief Special Master Corcoran
Petitioner,
v. Filed: December 8, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Brynna Gang, Kraus Law Group LLC, Chicago, IL, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 9, 2023, Molly McBride 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 receipt of a human papillomavirus (“HPV”) vaccine on
April 23, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On December 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 agrees that Petitioner’s alleged injury is consistent with
SIRVA as defined on the Vaccine Injury Table. Id. at 4 (citing 42 C.F.R. §§ 100.3(a),
1 Because this unpublished 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-00190-UNJ Document 27 Filed 01/08/24 Page 2 of 2
100.3(c)(10)). Respondent further agrees that Petitioner has satisfied all legal requisites
for compensation under the Vaccine 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-00190-1
Date issued/filed: 2024-01-09
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/08/2023) regarding 22 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00190-UNJ Document 28 Filed 01/09/24 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0190V
MOLLY MCBRIDE, Chief Special Master Corcoran
Petitioner,
v. Filed: December 8, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Brynna Gang, Kraus Law Group LLC, Chicago, IL, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On February 9, 2023, Molly McBride 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 receipt of a human papillomavirus (“HPV”) vaccine on
April 23, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On December 8, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. That same day, Respondent filed a proffer on award
of compensation (“Proffer”). Respondent represented that Petitioner agrees with the
proffered award. Id. at 2. Based on the record as a whole, I find that Petitioner is entitled
to an award as stated in the Proffer.
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-00190-UNJ Document 28 Filed 01/09/24 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award a lump sum
payment of $28,000.00 (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 1:23-vv-00190-UNJ Document 28 Filed 01/09/24 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
MOLLY McBRIDE, )
)
Petitioner, )
) No. 23-190V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION
On December 7, 2023, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury
Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to
vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. See ECF No. 19.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $28,000.00 for pain and suffering. Petitioner agrees.
The above amounts represent all elements of compensation to which petitioner would be
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 be made through a lump
sum payment as described below and requests that the Chief Special Master’s decision and the

Case 1:23-vv-00190-UNJ Document 28 Filed 01/09/24 Page 4 of 4
Court’s judgment award the following: 1 a lump sum payment of $28,000.00 in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Molly McBride: $28,000.00
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Emily H. Manoso
EMILY H. MANOSO
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) 305-3912
Date: December 8, 2023 Email: Emily.H.Manoso@usdoj.gov
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 medical
expenses, future pain and suffering, and future lost wages.
2