VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00892 Package ID: USCOURTS-cofc-1_23-vv-00892 Petitioner: Noelani Bailey Filed: 2023-06-14 Decided: 2025-02-24 Vaccine: Tdap Vaccination date: 2022-05-28 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Noelani Bailey filed her petition on June 14, 2023, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on May 28, 2022 caused a shoulder injury related to vaccine administration. The petition alleged residual effects lasting more than six months and no prior civil recovery for the injury. Bailey was represented by Leah VaSahnja Durant. Respondent conceded entitlement in a Rule 4(c) report filed on February 21, 2025. The public ruling contains an apparent wording inconsistency: the claim is described as Tdap-related SIRVA, but the concession sentence says respondent concluded that Bailey's injury was consistent with a GBS injury as defined by the Vaccine Injury Table. The ruling nevertheless states that respondent agreed Bailey satisfied the legal prerequisites for compensation, and the Special Master found her entitled. The public entitlement ruling does not describe Bailey's first shoulder symptom, exact onset, examination findings, imaging, injections, therapy, work impact, or daily limitations. It also does not provide expert opinions or a detailed causation mechanism. The safest reading of the public record is that Bailey pursued a Tdap/SIRVA claim, respondent conceded entitlement, and damages remained for later proceedings. Chief Special Master Brian H. Corcoran found Bailey entitled to compensation on February 24, 2025. No damages award appears in the staged public text. Theory of causation field: Tdap vaccine on May 28, 2022 allegedly causing SIRVA. ENTITLEMENT GRANTED; damages pending in staged public record. Respondent conceded entitlement and legal prerequisites, but public ruling contains apparent wording inconsistency describing the injury as consistent with GBS despite petition/ruling identifying a Tdap-related SIRVA claim. Public ruling provides no onset, treatment, imaging, therapy, experts, or mechanism. Chief Special Master Brian H. Corcoran, entitlement decision February 24, 2025. Petition filed June 14, 2023. Attorney: Leah VaSahnja Durant. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00892-0 Date issued/filed: 2025-04-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/24/2025) regarding 30 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00892-UNJ Document 33 Filed 04/01/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-892V NOELANI BAILEY, Chief Special Master Corcoran Petitioner, Filed: February 24, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 14, 2023, Noelani Bailey 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 relayed to vaccine administration (“SIRVA”) as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine received on May 28, 2022. Petition at 1. Petitioner further alleges that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. Petition at 1, 9. 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-00892-UNJ Document 33 Filed 04/01/25 Page 2 of 2 On February 21, 2025, 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 has concluded that Petitioner’s injury is consistent with a GBS injury as defined by the Vaccine Injury table. Id. at 4-5. Respondent further stated that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. 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