VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00242
Package ID: USCOURTS-cofc-1_23-vv-00242
Petitioner: Timothy Alexander
Filed: 2023-02-21
Decided: 2024-05-07
Vaccine: pneumococcal conjugate vaccine
Vaccination date: 2022-08-04
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 60879

AI-assisted case summary:
Timothy Alexander filed a petition for compensation under the National Vaccine Injury Compensation Program on February 21, 2023. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving a pneumococcal conjugate vaccine (PCV20) on August 4, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 22, 2024, conceding that Mr. Alexander was entitled to compensation. The respondent agreed that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Mr. Alexander had satisfied all legal prerequisites for compensation. On May 7, 2024, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Mr. Alexander entitled to compensation. Subsequently, on May 7, 2024, the respondent filed a Proffer on award of compensation, which Mr. Alexander agreed to. Chief Special Master Corcoran issued a Decision awarding damages on May 8, 2024. The award consisted of a lump sum payment of $60,879.18, which included $60,000.00 for pain and suffering and $879.18 for past unreimbursable expenses. This award covers all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Andrew Donald Downing of Downing, Allison & Jorgenson, and respondent was represented by Elizabeth Andary of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received.

Theory of causation field:
Petitioner Timothy Alexander alleged a shoulder injury related to vaccine administration (SIRVA) following a pneumococcal conjugate vaccine (PCV20) received on August 4, 2022. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. The case was resolved via stipulation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 7, 2024, and a Decision awarding damages on May 8, 2024. The award was a lump sum of $60,879.18, comprising $60,000.00 for pain and suffering and $879.18 for past unreimbursable expenses, representing all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Andrew Donald Downing, and respondent by Elizabeth Andary. The public text does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00242-0
Date issued/filed: 2024-06-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/07/2024) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00242-UNJ Document 37 Filed 06/14/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0242V
TIMOTHY ALEXANDER, Chief Special Master Corcoran
Petitioner,
v. Filed: May 7, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 21, 2023, Timothy Alexander 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 shoulder injury related to vaccine
administration (“SIRVA”) as the result of a pneumococcal conjugate vaccine (“PCV20”)
which he received on August 4, 2022. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 22, 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 agrees that Petitioner’s alleged injury is consistent with SIRVA
as defined by the Vaccine Injury Table. Id. at 4 (citing 42 C.F.R. §§ 100.3(a), (c)(10)).
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-00242-UNJ Document 37 Filed 06/14/24 Page 2 of 2
Respondent further agrees that Petitioner has satisfied all legal prerequisites 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-00242-1
Date issued/filed: 2024-06-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/08/2024) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00242-UNJ Document 38 Filed 06/14/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0242V
TIMOTHY ALEXANDER, Chief Special Master Corcoran
Petitioner,
v. Filed: May 8, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 21, 2023, Timothy Alexander 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 shoulder injury related to vaccine
administration (“SIRVA”) as the result of a pneumococcal conjugate vaccine (“PCV20”)
which he received on August 4, 2022. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 7, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to
compensation for his SIRVA. ECF No. 29. On May 7, 2024, Respondent filed a Proffer
on award of compensation (“Proffer”). ECF No. 30. Respondent represented that
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-00242-UNJ Document 38 Filed 06/14/24 Page 2 of 5
Petitioner agrees with the proffered award. Id. at 1 – 2. 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 a lump sum
payment of $60,879.18 (representing $60,000.00 for pain and suffering, and $879.18
for 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 1:23-vv-00242-UNJ Document 38 Filed 06/14/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
TIMOTHY ALEXANDER,
Petitioner,
v. No. 23-242V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 21, 2023, Timothy Alexander (“petitioner”) filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1
to -34 (“Vaccine Act” or “Act”), as amended, alleging that he suffered a Table shoulder injury
related to vaccine administration (“SIRVA”), as the result of pneumococcal conjugate vaccine
(“PCV20”) vaccination received on August 4, 2022. Petition at 1.
On April 22, 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 May 7, 2024, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 27; ECF No. 29.
I. Items of Compensation
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $60,000.00 for pain and suffering, in the form of a check payable to petitioner.
Petitioner agrees.

Case 1:23-vv-00242-UNJ Document 38 Filed 06/14/24 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 $879.18. 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 $60,879.18, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Timothy Alexander: $60,879.18
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
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:23-vv-00242-UNJ Document 38 Filed 06/14/24 Page 5 of 5
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
/s/ ELIZABETH A. ANDARY
ELIZABETH A. ANDARY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-9824
E-mail: Elizabeth.A.Andary@usdoj.gov
Dated: May 7, 2024
3