VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00986
Package ID: USCOURTS-cofc-1_23-vv-00986
Petitioner: Garrett Dolling
Filed: 2023-06-28
Decided: 2024-11-12
Vaccine: Tdap
Vaccination date: 2022-01-31
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47500

AI-assisted case summary:
Garrett Dolling filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on January 31, 2022. He claimed the residual effects of this injury lasted for more than six months. The respondent conceded that Mr. Dolling was entitled to compensation, stating his injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, he 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 respondent agreed that Mr. Dolling met all legal prerequisites for compensation. Subsequently, a ruling on entitlement was issued, finding Mr. Dolling eligible for compensation. The parties then agreed to a proffer on award of compensation, with the respondent recommending $47,500.00 for pain and suffering. The decision awarding damages confirmed this amount, awarding Mr. Dolling a lump sum payment of $47,500.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00986-0
Date issued/filed: 2024-09-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/19/2024) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00986-UNJ Document 29 Filed 09/20/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0986V
GARRETT DOLLING, Chief Special Master Corcoran
Petitioner, Filed: August 19, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 28, 2023, Garrett Dolling 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) following a Tdap vaccination he received on January 31, 2022.
Petition at 1. Petitioner further alleges that he has suffered the residual effects of his
vaccine-related injury for more than six months. Petition at 42. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On August 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 states that “Petitioner’s alleged injury is consistent with SIRVA as defined
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-00986-UNJ Document 29 Filed 09/20/24 Page 2 of 2
by the Vaccine Injury Table. Specifically, Petitioner had no history of pain, inflammation,
or dysfunction of his 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 as administered; and no other condition or abnormality has been identified to
explain Petitioner’s shoulder pain.” Id. at 7. Respondent further agrees that “Petitioner
has satisfied all legal prerequisites for compensation under the 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-00986-1
Date issued/filed: 2024-11-12
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/10/2024) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00986-UNJ Document 36 Filed 11/12/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0986V
GARRETT DOLLING, Chief Special Master Corcoran
Petitioner, Filed: October 10, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 28, 2023, Garrett Dolling 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) following a tetanus vaccination he received on January 31,
2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On August 19, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his SIRVA. On October 9, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $47,500.00 for pain
and suffering. Proffer at 1. 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.
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-00986-UNJ Document 36 Filed 11/12/24 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $47,500.00 in pain and suffering 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-00986-UNJ Document 36 Filed 11/12/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
GARRETT DOLLING, )
)
Petitioner, )
) No. 23-986V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 28, 2023, Garrett Dolling (“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”), as amended. The petition alleges that as a result of receiving a tetanus, diphtheria and
acellular pertussis (“Tdap”) vaccination on January 31, 2022, petitioner suffered from a left
shoulder injury related to vaccine administration (“SIRVA”). Petition at 1-2. On August 13,
2024, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report
indicating that this case was appropriate for compensation under the terms of the Act. ECF No.
26. On August 19, 2024, Chief Special Master Corcoran issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 27.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $47,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:23-vv-00986-UNJ Document 36 Filed 11/12/24 Page 4 of 5
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 Chief Special Master Corcoran’s
decision and the Court’s judgment award the following1: a lump sum payment of $47,500.00, in
the form of a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Garrett Dolling: $47,500.00
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
1 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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:23-vv-00986-UNJ Document 36 Filed 11/12/24 Page 5 of 5
/s/ Meghan R. Murphy
MEGHAN R. MURPHY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4264
meghan.r.murphy@usdoj.gov
DATED: October 9, 2024
3