VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00756 Package ID: USCOURTS-cofc-1_23-vv-00756 Petitioner: Melissa Marshall Filed: 2023-05-23 Decided: 2025-06-20 Vaccine: Tdap Vaccination date: 2021-05-04 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 24000 AI-assisted case summary: Melissa Marshall filed a petition for compensation under the National Vaccine Injury Compensation Program on May 23, 2023. She alleged that on May 4, 2021, she received a tetanus-diphtheria-acellular pertussis (Tdap) vaccine, which is listed on the Vaccine Injury Table. Petitioner claimed she sustained a shoulder injury related to vaccine administration (SIRVA) within the time period specified by the Table and experienced residual effects of this condition for more than six months. The respondent denied that Petitioner sustained a SIRVA Table injury, that the vaccine caused her alleged shoulder injury, or that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation for compensation on May 14, 2025. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. The decision awarded Melissa Marshall a lump sum of $24,000.00, to be paid via ACH deposit to Petitioner's counsel's IOLTA account for prompt disbursement. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Eleanor Hanson of the U.S. Department of Justice. The decision was issued on June 20, 2025. Theory of causation field: Petitioner Melissa Marshall alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on May 4, 2021, with residual effects lasting more than six months, consistent with a Table injury. Respondent denied the alleged SIRVA Table injury and causation. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted as his decision. The stipulation resulted in an award of $24,000.00 for all damages under Section 15(a). Petitioner was represented by Ronald Craig Homer, and Respondent by Eleanor Hanson. The decision date was June 20, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00756-0 Date issued/filed: 2025-06-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/15/2025) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00756-UNJ Document 43 Filed 06/20/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0756V MELISSA MARSHALL, Chief Special Master Corcoran Petitioner, v. Filed: May 15, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On May 23, 2023, Melissa Marshall 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 4, 2021, Petitioner received a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. 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-00756-UNJ Document 43 Filed 06/20/25 Page 2 of 7 Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. Nevertheless, on May 14, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $24,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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-00756-UNJ Document 43 Filed 06/20/25 Page 3 of 7 Case 1:23-vv-00756-UNJ Document 43 Filed 06/20/25 Page 4 of 7 Case 1:23-vv-00756-UNJ Document 43 Filed 06/20/25 Page 5 of 7 Case 1:23-vv-00756-UNJ Document 43 Filed 06/20/25 Page 6 of 7 Case 1:23-vv-00756-UNJ Document 43 Filed 06/20/25 Page 7 of 7