VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02073 Package ID: USCOURTS-cofc-1_23-vv-02073 Petitioner: Catrina Smith Filed: 2025-06-18 Decided: 2025-07-30 Vaccine: Tdap Vaccination date: 2023-05-24 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 63500 AI-assisted case summary: Catrina Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on May 24, 2023. She claimed the injury was a defined Table injury and that she experienced residual effects for more than six months. Respondent denied that Petitioner sustained a SIRVA, that the vaccine caused her injury, or that her condition was a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation for compensation. The court found the stipulation reasonable and adopted it as its decision. Catrina Smith was awarded a lump sum of $63,500.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The award was to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02073-0 Date issued/filed: 2025-07-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/18/2025) regarding 41 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02073-UNJ Document 47 Filed 07/30/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2073V CATRINA SMITH, Chief Special Master Corcoran Petitioner, Filed: June 18, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Wendy Cox, Siri & Glimstad, LLP, Austin, TX, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 5, 2023, Catrina Smith 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 causation-in-fact injury, after receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on May 24, 2023. Petition at 1, ¶¶ 2, 15-16; Stipulation, filed June 18, 2025, ¶¶ 1-2, 4. Petitioner further alleged that she received the vaccine within the United States, that she suffered the residual effects of the SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA, alleged as vaccine caused. Petition at ¶¶ 2, 17-18; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA, as defined in the Table; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequala of a vaccine-related injury.” Stipulation at ¶ 6. 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-02073-UNJ Document 47 Filed 07/30/25 Page 2 of 7 Nevertheless, on June 18, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $63,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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-02073-UNJ Document 47 Filed 07/30/25 Page 3 of 7 Case 1:23-vv-02073-UNJ Document 47 Filed 07/30/25 Page 4 of 7 Case 1:23-vv-02073-UNJ Document 47 Filed 07/30/25 Page 5 of 7 Case 1:23-vv-02073-UNJ Document 47 Filed 07/30/25 Page 6 of 7 Case 1:23-vv-02073-UNJ Document 47 Filed 07/30/25 Page 7 of 7