VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00825
Package ID: USCOURTS-cofc-1_23-vv-00825
Petitioner: T.S.
Filed: 2023-06-06
Decided: 2024-07-26
Vaccine: HPV
Vaccination date: 2022-07-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 42960

AI-assisted case summary:
Alicia Sawyer, as the parent and natural guardian of T.S., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program on June 6, 2023. T.S. received a human papillomavirus (HPV) vaccine on July 13, 2022, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that T.S.'s alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation were met. On April 19, 2024, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding T.S. entitled to compensation. The parties subsequently reached an agreement on damages. On July 26, 2024, Chief Special Master Corcoran issued a decision awarding T.S. a total of $42,960.29. This award comprised a lump sum payment of $42,500.00 for pain and suffering and a lump sum payment of $460.29 for past unreimbursable expenses. The payment for pain and suffering was to be made payable to Alicia Sawyer as guardian/conservator of T.S.'s estate, pending documentation of her appointment. The payment for past unreimbursable expenses was to be made payable to Alicia Sawyer. Petitioner counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent counsel was Madylan Yarc of the U.S. Department of Justice.

Theory of causation field:
Petitioner Alicia Sawyer filed on behalf of minor T.S., alleging a shoulder injury related to vaccine administration (SIRVA) following an HPV vaccination on July 13, 2022. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation were met. The case proceeded to a ruling on entitlement on April 19, 2024, by Chief Special Master Brian H. Corcoran, finding T.S. entitled to compensation. A subsequent stipulation on damages was reached, and on July 26, 2024, Chief Special Master Corcoran issued a decision awarding T.S. $42,960.29, consisting of $42,500.00 for pain and suffering and $460.29 for past unreimbursable expenses. Petitioner counsel was Bridget Candace McCullough, and respondent counsel was Madylan Yarc. The theory of causation was based on the Vaccine Injury Table (SIRVA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00825-0
Date issued/filed: 2024-05-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/19/2024) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00825-UNJ Document 21 Filed 05/21/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0825V
ALICIA SAWYER, as parent and Chief Special Master Corcoran
natural guardian of T.S., a minor,
Petitioner, Filed: April 19, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Madylan Yarc, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 6, 2023, Alicia Sawyer, as parent and natural guardian of T.S., a minor,
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 T.S.
suffered a Table shoulder injury related to vaccine administration (“SIRVA”) as the result
of her receipt of a human papillomavirus (“HPV”) vaccine which T.S. received on July 13,
2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On April 19, 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.
Specifically, Respondent agrees that T.S.’s alleged injury is consistent with SIRVA as
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-00825-UNJ Document 21 Filed 05/21/24 Page 2 of 2
defined by the Vaccine Injury Table. Id. at 5 (citing 42 C.F.R. §§ 100.3(a), (c)(10)).
Respondent further agrees that T.S. 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-00825-1
Date issued/filed: 2024-07-26
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/25/2024) regarding 24 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00825-UNJ Document 25 Filed 07/26/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-825V
ALICIA SAWYER, as parent and Chief Special Master Corcoran
natural guardian of T.S., a minor,
Filed: June 25, 2024
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 6, 2023, Alicia Sawyer filed a petition on behalf of her minor child, T.S.,
for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that T.S. suffered a shoulder
injury related to vaccine administration (“SIRVA”) as a result of a human papillomavirus
(“HPV”) vaccination administered to T.S. on July 13, 2022. Pet., ECF No. 1. Petitioner
further alleges that the vaccine was received in the United States, T.S. suffered sequela
of the 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 T.S.’s 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-00825-UNJ Document 25 Filed 07/26/24 Page 2 of 5
On April 19, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled
to compensation for T.S.’s SIRVA. ECF No. 20. On June 24, 2024, Respondent filed a
Proffer on award of compensation (“Proffer”) indicating Petitioner, for the benefit of T.S.,
should be awarded $42,500.00 in pain and suffering and $460.29 in out-of-pocket
expenses. Proffer at 2, ECF No. 23. 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, on behalf of T.S., 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 as follows:
A. A lump sum payment of $42,500.00 for pain and suffering, in the form
of a check payable to Petitioner as guardian/conservator of T.S, for the
benefit of T.S. Petitioner represents that she presently is, or within 90
days of the date of judgment will become, duly authorized to serve as
guardian/conservator of T.S.’s estate under the laws of the State of
Georgia. No payments shall be made until Petitioner provides
Respondent with documentation establishing that she has been
appointed as the guardian/conservator of T.S.’s estate. If Petitioner is
not authorized by a court of competent jurisdiction to serve as
guardian/conservator of the estate of T.S., any such payment shall be
made to the party or parties appointed by a court of competent
jurisdiction to serve as guardian(s)/conservator(s) of the estate of T.S.
upon submission of written documentation of such appointment to the
Secretary. Further, if guardianship is no longer required under the
laws of the State of Georgia after T.S. has attained the age of majority,
any such payment shall be paid to T.S. upon submission of written
documentation of the termination of guardianship to the Secretary;
B. A lump sum payment of $460.29, representing compensation for past
unreimbursable expenses, in the form of a check payable to Petitioner.
Proffer at 2-3. This amount represents compensation for all damages that would be
available under Section 15(a). See id.
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-00825-UNJ Document 25 Filed 07/26/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ALICIA SAWYER, as parent and natural
guardian of T.S., a minor,
Petitioner,
No. 23-825V
Chief Special Master Corcoran (SPU)
v.
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On June 6, 2023, Alicia Sawyer, (“petitioner”) as mother and natural guardian of her
minor child, T.S., 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”). Petitioner alleged that T.S.
suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of a
Human Papillomavirus (“HPV”) vaccination received on July 13, 2022. Petition at 1.
On April 19, 2024, respondent filed his Vaccine Rule 4(c) report, concluding that T.S.
suffered a SIRVA as defined by the Vaccine Injury Table, within the Table timeframe, and with no
apparent alternative cause. That same day, Chief Special Master Corcoran issued a ruling on
entitlement, finding that petitioner was entitled to compensation for T.S.’s Table SIRVA injury.
The parties reached agreement on damages on June 18, 2024.
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-00825-UNJ Document 25 Filed 07/26/24 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner, for the benefit of
T.S., should be awarded a lump sum of $42,960.29, for all damages (consisting of $42,500.00 of
actual pain and suffering, and $460.29 in documented out-of-pocket expenses). This amount
represents all elements of compensation to which petitioner, on T.S.’s behalf, is entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.
I. Form of the Award
The parties recommend that the compensation provided to T.S. should be made through a
combination of lump sum payments as described below, and request that the Chief Special
Master’s decision and the Court’s judgment award the following:2
A. A lump sum payment of $42,500.00 in the form of a check payable to petitioner as
guardian/conservator of T.S., for the benefit of T.S. Petitioner represents that
petitioner presently is, or within 90 days of the date of judgment will become, duly
authorized to serve as guardian/conservator of T.S.’s estate under the laws of the
State of Georgia. No payments shall be made until petitioner provides respondent
with documentation establishing that she has been appointed as the
guardian/conservator of T.S.’s estate. If petitioner is not authorized by a court of
competent jurisdiction to serve as guardian/conservator of the estate of T.S., any such
payment shall be made to the party or parties appointed by a court of competent
jurisdiction to serve as guardian(s)/conservator(s) of the estate of T.S. upon
submission of written documentation of such appointment to the Secretary. Further,
2 Should T.S. 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, lost future earnings, and future pain and suffering.
2

Case 1:23-vv-00825-UNJ Document 25 Filed 07/26/24 Page 5 of 5
if guardianship is no longer required under the laws of the state of Georgia after T.S.
has attained the age of majority, any such payment shall be paid to T.S. upon
submission of written documentation of the termination of guardianship to the
Secretary.
B. A lump sum payment of $460.29, representing compensation for past unreimbursable
expenses, in the form of a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner as guardian/conservator of the
estate of T.S. for the benefit of T.S. $42,500.00
B. Past unreimbursable expenses payable to petitioner: $460.29
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
JULIA M. COLLISON
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, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 742-6376
Madylan.L.Yarc@usdoj.gov
Date: June 24, 2024
3