VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01360
Package ID: USCOURTS-cofc-1_23-vv-01360
Petitioner: Alice McCarthy
Filed: 2023-08-18
Decided: 2024-07-05
Vaccine: HPV
Vaccination date: 2022-11-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 62948

AI-assisted case summary:
Alice McCarthy filed a petition for compensation under the National Vaccine Injury Compensation Program on August 18, 2023. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a human papillomavirus (HPV) vaccine she received on November 16, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. On May 6, 2024, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Petitioner entitled to compensation. Subsequently, on June 4, 2024, the respondent filed a Proffer on Award of Compensation, which Petitioner agreed to. On July 5, 2024, Chief Special Master Corcoran issued a Decision Awarding Damages. Alice McCarthy was awarded a total of $62,948.02, paid as a lump sum check to her. This award consisted of $62,500.00 for pain and suffering and $448.02 for past unreimbursable expenses. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Bridget Corridon of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Petitioner.

Theory of causation field:
Petitioner Alice McCarthy alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an HPV vaccine received on November 16, 2022. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table (42 C.F.R. §§ 100.3(a), (c)(10)) and that Petitioner met all legal prerequisites for compensation. The theory of causation relied on the Vaccine Injury Table. No specific medical experts were named in the public text. Petitioner was awarded $62,948.02 as a lump sum, comprising $62,500.00 for pain and suffering and $448.02 for past unreimbursable expenses. The Ruling on Entitlement was issued on May 6, 2024, and the Decision Awarding Damages was issued on July 5, 2024, by Chief Special Master Brian H. Corcoran. Petitioner's counsel was Maximillian J. Muller, and Respondent's counsel was Bridget Corridon.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-01360-0
Date issued/filed: 2024-06-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/06/2024) regarding 17 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-01360-UNJ Document 25 Filed 06/14/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1360V
ALICE MCCARTHY, Chief Special Master Corcoran
Petitioner,
v. Filed: May 6, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 18, 2023, Alice McCarthy 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 the result of a human papillomavirus (“HPV”) vaccine which
she received on November 16, 2022. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 6, 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 Petitioner’s alleged injury is consistent with SIRVA
as defined by the Vaccine Injury Table. Id. at 5 – 6 (citing 42 C.F.R. §§ 100.3(a), (c)(10)).
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-01360-UNJ Document 25 Filed 06/14/24 Page 2 of 2
Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. Id. at 6.
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-01360-1
Date issued/filed: 2024-07-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/04/2024) regarding 21 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-01360-UNJ Document 28 Filed 07/05/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1360V
ALICE MCCARTHY, Chief Special Master Corcoran
Petitioner,
v. Filed: June 4, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 18, 2023, Alice McCarthy 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as the result of a human papillomavirus (“HPV”) vaccine which
she received on November 16, 2022. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 6, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to
compensation for her SIRVA. On June 4, 2024, Respondent filed a Proffer on award of
compensation (“Proffer”). Respondent represented that Petitioner agrees with the
proffered award. Id. at 1 – 2. 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-01360-UNJ Document 28 Filed 07/05/24 Page 2 of 5
Pursuant to the terms stated in the Proffer, I award the following compensation:
A lump sum of $62,948.02 (representing $62,500.00 for pain and suffering,
and $448.02 for past unreimbursable expenses) in the form of a check payable to
Petitioner. Respondent’s Rule 4(c) Report and Proffer at 6. This amount represents
compensation for all damages that would be available under Section 15(a). 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-01360-UNJ Document 28 Filed 07/05/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ALICE MCCARTHY, )
)
Petitioner, )
) No. 23-1360V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 18, 2023, Alice McCarthy (“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
human papillomavirus (“HPV”) vaccine she received on November 16, 2022. Petition at 1. On
May 6, 2024, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c)
Report indicating that this case is appropriate for compensation under the terms of the Act for a
SIRVA Table injury, and the same day the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 16; ECF No. 17.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $62,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-01360-UNJ Document 28 Filed 07/05/24 Page 4 of 5
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 $448.02. 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 decision and
the Court’s judgment award the following1: a lump sum payment of $62,948.02, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Alice McCarthy: $62,948.02
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
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-01360-UNJ Document 28 Filed 07/05/24 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Bridget A. Corridon
BRIDGET A. CORRIDON
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) 305-4117
Email: bridget.corridon@usdoj.gov
DATED: June 4, 2024
3