VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00807
Package ID: USCOURTS-cofc-1_23-vv-00807
Petitioner: Sarah Pittenger
Filed: 2023-06-02
Decided: 2024-12-20
Vaccine: Tdap
Vaccination date: 2022-04-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 123027

AI-assisted case summary:
Sarah Pittenger filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by a tetanus diphtheria acellular pertussis (Tdap) vaccination administered on April 10, 2022. The respondent conceded that her injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. A ruling on entitlement was issued on September 26, 2024, finding her entitled to compensation. Subsequently, on December 20, 2024, a decision awarding damages was issued. The respondent proffered an award of $123,027.26, which included $122,500.00 for pain and suffering and $527.26 for past unreimbursable expenses. Petitioner agreed with this proffered award. The court awarded Sarah Pittenger the lump sum of $123,027.26 as compensation for her SIRVA.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00807-0
Date issued/filed: 2024-11-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/26/2024) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00807-UNJ Document 31 Filed 11/01/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-807V
SARAH PITTENGER, Chief Special Master Corcoran
Petitioner, Filed: September 26, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 2, 2023, Sarah Pittenger 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”) caused by a tetanus diphtheria acellular pertussis vaccination
administered on April 10, 2022. Petition at 1. Petitioner further alleges that the vaccine
was administered within the United States, that she suffered from her injury for more than
six months, and that she has not filed any other action for her vaccine-related injury.
Petition at 1, 8. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
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-00807-UNJ Document 31 Filed 11/01/24 Page 2 of 2
On September 13, 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. Respondent has concluded that Petitioner’s injury is consistent with a SIRVA
as defined by the Vaccine Injury Table. Id. at 7. 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-00807-1
Date issued/filed: 2024-12-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/14/2024) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00807-UNJ Document 38 Filed 12/20/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-807V
SARAH PITTENGER, Chief Special Master Corcoran
Petitioner, Filed: November 14, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Madelyn Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 2, 2023, Sarah Pittenger 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 vaccine
administered on April 10, 2022. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 26, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On October 29, 2024, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$123,027.26 (comprised of $122,500.00 for pain and suffering, and $527.26 for past
unreimbursable expenses). Proffer at 2. In the Proffer, 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-00807-UNJ Document 38 Filed 12/20/24 Page 2 of 5
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 $123,027.26 (comprised of $122,500.00 for pain and suffering, and
$527.26 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-00807-UNJ Document 38 Filed 12/20/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SARAH PITTENGER,
Petitioner, No. 23-807V
Chief Special Master Corcoran (SPU)
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
On June 2, 2023, Sarah Pittenger (“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 shoulder injury related to vaccine administration (“SIRVA”),
as defined in the Vaccine Injury Table, following administration of a tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine on April 10, 2022. Petition at 1.
On September 13, 2024, respondent file his Vaccine Rule 4(c) report, concluding that
petitioner suffered a SIRVA as defined by the Vaccine Injury Table, within the Table timeframe,
and with no apparent alternative cause. ECF No. 26. On September 26, 2024, Chief Special
Master Corcoran issued a Ruling on Entitlement, finding that petitioner is entitled to
compensation for her SIRVA. ECF No. 27.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.
1

Case 1:23-vv-00807-UNJ Document 38 Filed 12/20/24 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Based on the evidence of record, respondent proffers that petitioner should be awarded
$122,500.00 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 $527.26. 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 damages
decision and the Court’s judgment award the following:2 a lump sum payment of $123,027.26,
in the form of a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Sarah Pittenger: $123,027.26
2 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future pain and suffering, and future lost wages.
2

Case 1:23-vv-00807-UNJ Document 38 Filed 12/20/24 Page 5 of 5
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/Madylan L. Yarc
MADYLAN L. YARC
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Madylan.L.Yarc@usdoj.gov
Tel.: (202) 742-6376
DATED: October 29, 2024
3