VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00699
Package ID: USCOURTS-cofc-1_23-vv-00699
Petitioner: Kristine Eldridge
Filed: 2023-05-11
Decided: 2024-10-01
Vaccine: tetanus
Vaccination date: 2021-08-30
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 123858

AI-assisted case summary:
Kristine Eldridge filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) from a tetanus vaccine received on August 30, 2021. She stated that her symptoms persisted for more than six months. The respondent, the Secretary of Health and Human Services, initially recommended denial but later conceded entitlement after reviewing additional evidence. The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The case proceeded as a Table claim. On October 1, 2024, a decision awarding damages was issued. The parties stipulated to an award of $123,858.03, which included $120,000.00 for pain and suffering and $3,858.03 for past unreimbursable expenses. This amount was paid as a lump sum to Kristine Eldridge, who is a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00699-0
Date issued/filed: 2024-06-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/23/2024) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00699-UNJ Document 28 Filed 06/27/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0699V
KRISTINE ELDRIDGE, Chief Special Master Corcoran
Petitioner, Filed: May 23, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 11, 2023, Kristine Eldridge filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On May 22, 2024, Petitioner filed an amended petition. Petitioner alleges
that she suffered a right shoulder injury related to vaccine administration (“SIRVA”)
resulting from adverse effects of a tetanus vaccine received on August 30, 2021 in her
right shoulder. Amended Petition at 1. Petitioner further alleges that the vaccine was
administered in the United States, her symptoms have persisted for more than six
months, and neither Petitioner, nor any other party, has ever filed any action or received
or accepted compensation in the form of an award or settlement for Petitioner’s vaccine-
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-00699-UNJ Document 28 Filed 06/27/24 Page 2 of 2
related injury. Amended Petition at ¶¶ 4, 25-27. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 8, 2024, Respondent filed an amended Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Amended
Rule 4(c) Report at 1 (ECF No. 20). Specifically, Respondent agrees that Petitioner’s
alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table in that
“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 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.” Id. at
6. Respondent further agrees that the records demonstrate that Petitioner suffered the
residual effects of her condition for more than six months and has satisfied all legal
prerequisites for compensation. 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-00699-1
Date issued/filed: 2024-10-01
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/29/2024) regarding 34 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00699-UNJ Document 40 Filed 10/01/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0699V
KRISTINE ELDRIDGE, Chief Special Master Corcoran
Petitioner, Filed: August 29, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 11, 2023, Kristine Eldridge filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On May 22, 2024, Petitioner filed an amended petition. Petitioner alleges
that she suffered a right shoulder injury related to vaccine administration (“SIRVA”)
resulting from adverse effects of a tetanus vaccine received on August 30, 2021 in her
right shoulder. Amended Petition at 1. Petitioner further alleges that the vaccine was
administered in the United States, her symptoms have persisted for more than six
months, and neither Petitioner, nor any other party, has ever filed any action or received
or accepted compensation in the form of an award or settlement for Petitioner’s vaccine-
related injury. Amended Petition at ¶¶ 4, 25-27. 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-00699-UNJ Document 40 Filed 10/01/24 Page 2 of 5
On May 23, 2024, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 29, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $123,858.03. Proffer at
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 $123,858.03 (comprised of $120,000.00 in pain and suffering and
$3,858.03 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-00699-UNJ Document 40 Filed 10/01/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KRISTINE ELDRIDGE,
Petitioner,
v. No. 23-699V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 11, 2023, Kristine Eldridge (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the
Act”), 42 U.S.C. §§ 300aa-1 to -34, alleging that she suffered a right-sided shoulder injury
related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table following
administration of an tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination that she
received on August 30, 2021. ECF No. 1 at 1; see also ECF No. 22 at 1. On May 8, 2024,
respondent filed an Amended Rule 4(c) Report, recommending that compensation be awarded.1
ECF No. 20. On May 23, 2024, Chief Special Master Corcoran issued a Ruling on Entitlement,
agreeing with respondent that petitioner is entitled to compensation. ECF No. 23.
1 Respondent initially filed a Rule 4(c) report on March 13, 2024, recommending that
compensation be denied on the ground that petitioner had not satisfied the Act’s severity
requirement. ECF No. 16. However, respondent changed his recommendation after petitioner
filed additional evidence.

Case 1:23-vv-00699-UNJ Document 40 Filed 10/01/24 Page 4 of 5
I. Items of Compensation
a. Pain and Suffering
Respondent proffers that petitioner should be awarded $120,000.00 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 pertaining to her vaccine-related injury. Respondent proffers that petitioner shoulder
be awarded past unreimbursable expenses in the total amount of $3,858.03. 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
one lump sum payment as described below and requests that the Chief Special Master’s decision
and the Court’s judgment award the following:2
One lump sum payment of $123,858.03, in the form of a check payable to petitioner.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
2 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-00699-UNJ Document 40 Filed 10/01/24 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
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: August 29, 2024
3