VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00327
Package ID: USCOURTS-cofc-1_23-vv-00327
Petitioner: Jenny Neidig
Filed: 2023-03-07
Decided: 2024-05-10
Vaccine: Tdap
Vaccination date: 2021-07-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55100

AI-assisted case summary:
Jenny Neidig, a 66-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on March 7, 2023. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on July 21, 2021. Ms. Neidig further alleged that she suffered the residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 5, 2024, conceding that Ms. Neidig is entitled to compensation. The respondent stated that her alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she has satisfied all legal prerequisites for compensation. A Ruling on Entitlement was issued on April 8, 2024, finding Ms. Neidig entitled to compensation. Subsequently, on April 5, 2024, the respondent filed a Proffer on award of compensation, indicating that Ms. Neidig should be awarded $55,000.00 for pain and suffering and $100.00 for past unreimbursable expenses, totaling $55,100.00. The petitioner agreed with this proffered award. A Decision Awarding Damages was issued on May 10, 2024, awarding Ms. Neidig a lump sum payment of $55,100.00, payable to her, for pain and suffering and past unreimbursable expenses. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical experts, or the precise mechanism of injury beyond its classification as SIRVA. Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C., and respondent was represented by Joseph Douglas Leavitt of the U.S. Department of Justice. The decision was signed by Chief Special Master Brian H. Corcoran.

Theory of causation field:
Petitioner Jenny Neidig, age 66, received a Tdap vaccination on July 21, 2021. She alleged a shoulder injury related to vaccine administration (SIRVA). 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 proceeded as a Table claim. The parties stipulated to an award of $55,000 for pain and suffering and $100 for past unreimbursable expenses, totaling $55,100. The decision was issued by Chief Special Master Brian H. Corcoran on May 10, 2024. Petitioner was represented by Jonathan Joseph Svitak, and respondent was represented by Joseph Douglas Leavitt. 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-00327-0
Date issued/filed: 2024-05-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/08/2024) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00327-UNJ Document 34 Filed 05/09/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-327V
JENNY NEIDIG, Chief Special Master Corcoran
Petitioner, Filed: April 8, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 7, 2023, Jenny Neidig (“Petitioner”) 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 from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving a tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccination on July 21, 2021. Pet., ECF No. 1. Petitioner further alleges
that she suffered the residual effects of her injury for more than six months. Id. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On April 5, 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,
ECF No. 26. Specifically, Respondent indicated that “Petitioner’s alleged injury is
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-00327-UNJ Document 34 Filed 05/09/24 Page 2 of 2
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 3. Respondent
agrees that Petitioner “has satisfied all legal prerequisites for compensation under the
Act.” Id. at 4.
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-00327-1
Date issued/filed: 2024-05-10
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 04/08/2024) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00327-UNJ Document 35 Filed 05/10/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-327V
JENNY NEIDIG, Chief Special Master Corcoran
Petitioner, Filed: April 8, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 7, 2023, Jenny Neidig 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”) as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccination administered to her on July 21, 2021. Pet., ECF No. 1. Petitioner further
alleges that the vaccine was received in the United States, she suffered sequela of her
injury for more than six months, and neither Petitioner nor any other party has ever
received compensation in the form of an award or settlement for her vaccine-related
injury. Id. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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-00327-UNJ Document 35 Filed 05/10/24 Page 2 of 8
On April 8, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to
compensation for her SIRVA. ECF No. 27. On April 5, 2024, Respondent filed a Proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $55,000.00
in pain and suffering and $100.00 in past unreimbursable expenses. Proffer at 4, ECF
No. 26. In the Proffer, Respondent represented that Petitioner agrees with the proffered
award. See 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 $55,100.00 for pain and suffering and 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-00327-UNJ Document 35 Filed 05/10/24 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JENNY NEIDIG,
Petitioner,
v. No. 23-327V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S RULE 4(c) REPORT
CONCEDING ENTITLEMENT TO COMPENSATION
On March 7, 2023, Jenny Neidig (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (the “Vaccine
Act” or the “Act”), alleging that she suffered a Table shoulder injury related to vaccine
administration (“SIRVA”) as a result of the tetanus, diphtheria, and acellular pertussis (“Tdap”)
vaccination she received on July 21, 2021. ECF No. 1 at 1.
In accordance with Vaccine Rule 4(c), the Secretary of Health and Human Services
(“respondent”) submits the following as his responsive report. Medical personnel at the Division
of Injury Compensation Programs, Department of Health and Human Services (“DICP”) have
reviewed the petition and medical records filed in the case. Their opinion is that this case is
appropriate for compensation under the terms of the Act.
FACTUAL SUMMARY
I. Pre-Vaccination History
Petitioner had no history of shoulder pain or injury in the affected arm prior to the
vaccination at issue.

Case 1:23-vv-00327-UNJ Document 35 Filed 05/10/24 Page 4 of 8
II. Vaccination
Petitioner was sixty-six years old when she received a Tdap vaccination into her left
deltoid on July 21, 2021. Ex. 2 at 3.
III. Onset
On July 24, 2021, three days after her vaccination, petitioner sent a message to her
primary care provider (“PCP”) complaining of shoulder pain since her Tdap vaccination. Ex. 7
at 247. Her PCP replied, stating that he suspected that petitioner’s vaccination had hit a nerve.
Id. at 246.
IV. Treatment
Several messages were sent between petitioner and her PCP in the following weeks. See
Ex. 7 at 244-51. Ultimately, on August 2, 2021, petitioner was prescribed gabapentin for her
continued pain. Id. at 246.
On August 19, 2021, approximately one month after her Tdap vaccination, petitioner
presented in person to her PCP regarding her left shoulder pain. Ex. 3-3 at 39. An x-ray showed
“mild to moderate [acromioclavicular] joint arthritis.” Id. Petitioner was prescribed prednisone.
Id.
On August 31, 2021, petitioner sent another message to her PCP, stating that prednisone
had helped her for approximately two days, but that her pain returned. Ex. 7 at 247. Her PCP
recommended physical therapy (“PT”). Id.
On September 13, 2021, petitioner presented to Phoenix Physical Therapy for an initial
evaluation. Ex. 5 at 21. This evaluation revealed limited range of motion (“ROM”), joint
mobility, and strength, due to pain. Id. at 25. Between September 13, 2021, and November 4,
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Case 1:23-vv-00327-UNJ Document 35 Filed 05/10/24 Page 5 of 8
2021, petitioner attended ten sessions of PT. Id. at 21-66. She was discharged on December 16,
2021, for non-compliance. Id. at 76.
Petitioner returned to Phoenix Physical Therapy for a re-evaluation on March 23, 2022.
Ex. 6 at 12. She stated that she “thought [her] shoulder was continuing to improve until the last
month or so.” Id. Between March 23, 2022, and May 2, 2022, petitioner attended nine more
sessions of PT, bringing her total number of sessions to nineteen. Id. at 12-50. On June 1, 2022,
approximately ten months after her vaccination, petitioner was discharged from PT for non-
compliance. Id. at 54.
No further medical records related to petitioner’s left shoulder have been filed.
V. Duration of Injury
Petitioner received treatment for her left shoulder injury through May 2, 2022,
approximately ten months post-vaccination.
VI. Summary of Treatment
Over the course of ten months months, petitioner underwent the following treatment for
her SIRVA:
• Nineteen sessions of physical therapy; and
• Was treated with gabapentin and prednisone.
ANALYSIS
As noted above, DICP has reviewed the petition and medical records filed in this case
and has concluded that compensation is appropriate. DICP has concluded 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
3

Case 1:23-vv-00327-UNJ Document 35 Filed 05/10/24 Page 6 of 8
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. 42 C.F.R.
§§ 100.3(a)(c)(10). Additionally, based on the medical records outlined above, petitioner
suffered the residual effects of her condition for more than six months. Therefore, based on the
record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the
Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i).
The scope of damages to be awarded is limited to petitioner’s left-sided SIRVA and its
related sequelae only. Petitioner has presented a demand and supporting documentation to
respondent. On April 3, 2024, respondent provided a proffer on damages to petitioner. On April
4, 2024, petitioner accepted respondent’s proffer.
PROFFER
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $55,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $100.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amount represents all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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Case 1:23-vv-00327-UNJ Document 35 Filed 05/10/24 Page 7 of 8
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 $55,100.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Jenny Neidig: $55,100.00
CONCLUSION
Respondent recommends that the Chief Special Master enter a decision finding petitioner
entitled to compensation for a left-sided SIRVA occurring within the Table timeframe following
petitioner’s July 21, 2021 Tdap vaccination, and that the Court award $55,100.00 for all damages
available under Section 15(a) of the Vaccine Act, which does not include reasonable attorneys’
fees and litigation costs to be determined at a later date.
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.
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Case 1:23-vv-00327-UNJ Document 35 Filed 05/10/24 Page 8 of 8
ZOË R. WADE
Trial Attorney
Torts Branch, Civil Division
/s/ Joseph Leavitt
JOSEPH D. LEAVITT
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) 616-0515
Email: joseph.leavitt@usdoj.gov
Dated: April 5, 2024
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