VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00199
Package ID: USCOURTS-cofc-1_23-vv-00199
Petitioner: James McGinnis
Filed: 2023-02-13
Decided: 2024-04-22
Vaccine: Tdap
Vaccination date: 2022-01-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47601

AI-assisted case summary:
James McGinnis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus (Tdap) vaccination he received on January 20, 2022. He claimed that his injury caused residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records and concluded that compensation was appropriate. The respondent conceded that Mr. McGinnis's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting he had no prior history of shoulder issues, his pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that Mr. McGinnis suffered residual effects for more than six months and met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Mr. McGinnis entitled to compensation. Subsequently, the parties agreed to a proffer of award. The court awarded Mr. McGinnis a total of $47,601.81, comprising $47,500.00 for pain and suffering and $101.81 for past unreimbursable expenses, to be paid as a lump sum.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00199-0
Date issued/filed: 2024-04-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/08/2024) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00199-UNJ Document 27 Filed 04/08/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-199V
JAMES MCGINNIS, Chief Special Master Corcoran
Petitioner, Filed: March 8, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 13, 2023, James McGinnis 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 he suffered a Table shoulder injury related to
vaccine administration (“SIRVA”), as the result of the tetanus (“Tdap”) vaccination
received on January 20, 2022. Petition at 1. Petitioner further alleges that he suffered the
residual effects of his injury for more than six months, and that there has been no prior
award or settlement of a civil action on his behalf as a result of his injury. See Petition at
¶¶ 8-9. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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-00199-UNJ Document 27 Filed 04/08/24 Page 2 of 2
On March 8, 2024, 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 states that
DICP has reviewed the petition and medical records filed in this case and
has concluded that compensation is appropriate. DICP has concluded that
[P]etitioner’s alleged injury is consistent with SIRVA as defined by the
Vaccine Injury Table. Specifically, [P]etitioner 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 [P]etitioner’s
shoulder pain.
Id. at 4 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees 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. (citing §§ 13(a)(1)(B),
11(c)(1)(D)(i)).
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-00199-1
Date issued/filed: 2024-04-22
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/20/2024) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00199-UNJ Document 28 Filed 04/22/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0199V
JAMES MCGINNIS, Chief Special Master Corcoran
Petitioner, Filed: March 20, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 13, 2023, James McGinnis 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 he suffered a Table shoulder injury related to
vaccine administration (“SIRVA”), as the result of the tetanus (“Tdap”) vaccination
received on January 20, 2022. Petition at 1. at ¶¶ 1, 8. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On March 8, 2024, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for his SIRVA. On March 20, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $47,601.81,
representing compensation in the amounts of $47,500.00 for pain and suffering and
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-00199-UNJ Document 28 Filed 04/22/24 Page 2 of 5
$101.81 for past unreimbursed expenses. Proffer at 1-2. 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 $47,601.81, representing compensation in the amounts of
$47,500.00 for pain and suffering and $101.81 for actual 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 1:23-vv-00199-UNJ Document 28 Filed 04/22/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JAMES MCGINNIS, )
)
Petitioner, )
) No. 23-199V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 13, 2023, James McGinnis (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (the
“Vaccine Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that he received a tetanus
vaccination on January 20, 2022, and thereafter suffered from a right shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1.
On March 8, 2024, 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 that same day, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 18; ECF No. 20.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $47,500 in pain and suffering. See
42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00199-UNJ Document 28 Filed 04/22/24 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $101.81. 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 a
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 $47,601.81, in the form of a
check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, James McGinnis: $47,601.81
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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 1:23-vv-00199-UNJ Document 28 Filed 04/22/24 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/CAMILLE J. WEBSTER
CAMILLE J. WEBSTER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station Washington, D.C. 20044-0146
Direct dial: (202) 307-3241
Email: Camille.Webster@usdoj.gov
Dated: March 20, 2024
3