VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00384
Package ID: USCOURTS-cofc-1_23-vv-00384
Petitioner: Charlene Benedick
Filed: 2023-03-20
Decided: 2025-05-29
Vaccine: Tdap
Vaccination date: 2020-08-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 58503

AI-assisted case summary:
Charlene Benedick filed a petition for compensation under the National Vaccine Injury Compensation Program on March 20, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccination on August 24, 2020. She further alleged that her injury resulted in sequelae lasting more than six months. The respondent conceded that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. On August 6, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation. Subsequently, on April 28, 2025, the respondent filed a Proffer on award of compensation, recommending an award of $58,000.00 for pain and suffering and $503.04 for past unreimbursable expenses, totaling $58,503.04. Petitioner agreed with this proffered award. On May 29, 2025, the court issued a Decision Awarding Damages, awarding Petitioner the lump sum of $58,503.04 for pain and suffering and past unreimbursable expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00384-0
Date issued/filed: 2024-09-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/06/2024) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00384-UNJ Document 31 Filed 09/06/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-384V
CHARLENE BENEDICK, Chief Special Master Corcoran
Petitioner, Filed: August 6, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Richard Gage, Richard Gage, P.C. (WY), Cheyenne, WY, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 20, 2023, Charlene Benedick (“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 August 24, 2020. 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 August 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 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-00384-UNJ Document 31 Filed 09/06/24 Page 2 of 2
1, ECF No. 27. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent does
not dispute 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-00384-1
Date issued/filed: 2025-05-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/29/2025) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00384-UNJ Document 46 Filed 05/29/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-384V
CHARLENE BENEDICK, Chief Special Master Corcoran
Petitioner, Filed: April 29, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Richard Gage, Richard Gage, P.C. (WY), Cheyenne, WY, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 20, 2023, Charlene Benedick 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 a tetanus-diphtheria-acellular pertussis
(“Tdap”) vaccination administered to her on August 24, 2020. 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-00384-UNJ Document 46 Filed 05/29/25 Page 2 of 5
On August 6, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. ECF No. 29. On April 28, 2025, Respondent filed a
Proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$58,000.00 in pain and suffering and $503.04 in past unreimbursable expenses. Proffer
at 2, ECF No. 41. 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 $58,503.04 for pain and suffering and past unreimbursable
expenses to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA
account for prompt disbursement 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-00384-UNJ Document 46 Filed 05/29/25 Page 3 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
CHARLENE BENEDICK,
Petitioner,
Case No. 23-384V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On March 20, 2023, Charlene Benedick (“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”), alleging that she suffered a left shoulder
injury related to vaccine administration (“SIRVA”) as the result of a tetanus, diphtheria,
and acellular pertussis (“Tdap”) vaccination received on August 24, 2020. Pet. at 1.
On August 5, 2024, respondent filed his Rule 4(c) Report, conceding entitlement
in this case because petitioner met the criteria to establish a presumptive Table SIRVA
injury. ECF Doc. No. 27 at 1-2, 4-6. On August 6, 2024, the Court issued its Ruling on
Entitlement, finding that petitioner was entitled to compensation. ECF Doc. No. 29.

Case 1:23-vv-00384-UNJ Document 46 Filed 05/29/25 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $58,503.04. The award is comprised of the following: $58,000.00 for pain and
suffering and $503.04 for unreimbursed out-of-pocket medical expenses. This amount
represents all elements of compensation to which petitioner would be entitled under
42 U.S.C. § 300aa-15(a) regarding her August 24, 2020 Tdap vaccination. Petitioner
agrees.1
III. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $58,503.04, to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
Respectfully submitted,
YAAKOV M. ROTH
Acting 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 medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:23-vv-00384-UNJ Document 46 Filed 05/29/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Assistant Director
Torts Branch, Civil Division
s/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: April 28, 2025
3