VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02018 Package ID: USCOURTS-cofc-1_23-vv-02018 Petitioner: Gail Sears Filed: 2023-11-21 Decided: 2025-02-06 Vaccine: tetanus-diphtheria-acellular pertussis (Tdap) Vaccination date: 2021-01-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 82570.5 AI-assisted case summary: On November 21, 2023, Gail Sears filed a petition alleging that a tetanus-diphtheria-acellular pertussis vaccination administered on January 18, 2021 caused a shoulder injury related to vaccine administration. Respondent filed a Rule 4(c) report conceding that Ms. Sears's injury was consistent with Table SIRVA and that she met the legal prerequisites for compensation. Chief Special Master Brian H. Corcoran found entitlement on November 22, 2024. The public entitlement and damages documents do not describe her first symptom, treatment, imaging, injections, therapy, or functional limits. On February 6, 2025, the Chief Special Master awarded $82,570.50 based on respondent's proffer: $77,500.00 for pain and suffering, $2,033.00 for past unreimbursable expenses, and $3,037.50 for past lost wages, paid through counsel's IOLTA account. A later October 15, 2025 decision addressed attorneys' fees and costs only. Theory of causation field: Adult petitioner; Tdap vaccine January 18, 2021; Table SIRVA. COMPENSATED. Respondent conceded entitlement; entitlement November 22, 2024; damages February 6, 2025. Award $82,570.50 = $77,500.00 pain/suffering + $2,033.00 expenses + $3,037.50 lost wages. Public text lacks clinical chronology. SM Corcoran. Petition filed November 21, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02018-0 Date issued/filed: 2024-12-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/22/2024) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02018-UNJ Document 25 Filed 12/30/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2018V GAIL SEARS, Chief Special Master Corcoran Petitioner, Filed: November 22, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brian L. Cinelli, Schiffmacher, Cinelli, Adoff, LLP, Buffalo, NY, for Petitioner. Shelly Jock, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 15, 2024, Gail Sears 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”), a defined Table injury, or in the alternative a caused-in-fact injury, after receiving tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on January 18, 2021. Petition at 1 ¶¶ 4, 10, 50, 81. 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-02018-UNJ Document 25 Filed 12/30/24 Page 2 of 2 On November 22, 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 believes “that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 6. He adds that “based upon the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 6-7. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-02018-cl-extra-10772088 Date issued/filed: 2024-12-30 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10305500 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2018V GAIL SEARS, Chief Special Master Corcoran Petitioner, Filed: November 22, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brian L. Cinelli, Schiffmacher, Cinelli, Adoff, LLP, Buffalo, NY, for Petitioner. Shelly Jock, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On February 15, 2024, Gail Sears 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”), a defined Table injury, or in the alternative a caused-in-fact injury, after receiving tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on January 18, 2021. Petition at 1 ¶¶ 4, 10, 50, 81. 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). On November 22, 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 believes “that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 6. He adds that “based upon the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 6-7. 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-02018-1 Date issued/filed: 2025-03-11 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 02/06/2025) regarding 28 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02018-UNJ Document 33 Filed 03/11/25 Page 1 of 5 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2018V GAIL SEARS, Chief Special Master Corcoran Petitioner, Filed: February 6, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brian L. Cinelli, Schiffmacher, Cinelli, Adoff, LLP, Buffalo, NY, for Petitioner. Shelly Jock, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 21, 2023, Gail Sears 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”), a defined Table injury, or in the alternative a caused-in-fact injury, after receiving tetanus, diphtheria, acellular pertussi vaccine on January 18, 2021. Petition at 1 ¶¶ 4, 10, 50, 81. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 22, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On February 6, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $82,570.50, representing $77,500.00 for pain and suffering, $2,033.00 for past unreimbursable 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-02018-UNJ Document 33 Filed 03/11/25 Page 2 of 5 expenses, and $3,037.50 for past lost wages. Proffer at 1-2. 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $82,570.50, representing $77,500.00 for pain and suffering, $2,033.00 for actual unreimbursable expenses, and $3,037.50 for actual lost wages to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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-02018-UNJ Document 33 Filed 03/11/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) GAIL SEARS, ) ) Petitioner, ) ) No. 23-2018V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 21, 2023, Gail Sears (“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”), she suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of a Tdap vaccination received on January 13, 2021. Petition at 1. On November 22, 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 injury, and on November 22, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 22; ECF No. 23. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $77,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:23-vv-02018-UNJ Document 33 Filed 03/11/25 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 $2,033.00. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. C. Lost Wages Evidence supplied by petitioner documents that she incurred past lost wages related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $3,037.50. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be 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 following:1 a lump sum payment of $82,570.50, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Gail Sears. $82,570.50 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 lost earnings and future pain and suffering. 2 Case 1:23-vv-02018-UNJ Document 33 Filed 03/11/25 Page 5 of 5 Respectfully submitted, BRETT A. SHUMATE Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA ENGLUND. Assistant Director Torts Branch, Civil Division /s/ Shelly Jock SHELLY JOCK 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) 305-3155 shellyjock@usdoj.gov DATED:February 6, 2025 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-02018-cl-extra-11205630 Date issued/filed: 2025-11-19 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10739045 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2018V GAIL SEARS, Chief Special Master Corcoran Petitioner, v. Filed: October 15, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brian L. Cinelli, Schiffmacher, Cinelli, Adoff, LLP, Buffalo, NY, for Petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 21, 2023, Gail Sears 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 a defined Table injury, or in the alternative a caused-in-fact injury, after receiving tetanus, diphtheria, acellular pertussis vaccine on January 18, 2021. Petition, ECF No. 1. On February 6, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 28. 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 inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $25,945.48 (representing $25,420.50 in fees plus $524.98 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed August 18, 2025, ECF No. 34. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 34-4. Respondent reacted to the motion on August 19, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-4, ECF No. 35. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The hourly rates requested by attorney Cinelli and his supporting assistants for all time billed in this matter through the end of 2024, are reasonable and consistent with our prior determinations and shall be awarded. For 2025, Petitioner requests the hourly rate of $350.00 for Mr. Cinelli, representing an increase of $15.00 from the previous year. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. And all time billed to the matter was reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 34-3 at 10-22. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $25,945.48 (representing $25,420.50 in fees plus $524.98 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2