VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00420
Package ID: USCOURTS-cofc-1_24-vv-00420
Petitioner: Trina Daily
Filed: 2024-03-19
Decided: 2025-09-03
Vaccine: Tdap
Vaccination date: 2022-11-18
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 62400.22

AI-assisted case summary:
On March 19, 2024, Trina Daily filed a petition alleging that a Tdap vaccination administered on November 18, 2022 caused a left shoulder injury related to vaccine administration. The settlement documents also referenced a COVID-19 vaccination administered on October 31, 2022, which is outside the Vaccine Program; petitioner waived any related CICP rights as part of the resolution.

Respondent conceded entitlement, and Chief Special Master Brian H. Corcoran found Ms. Daily entitled to compensation on December 23, 2024. The publicly available damages stipulation does not provide a detailed treatment narrative, but it resolves the claimed left SIRVA and all Vaccine Act damages.

On September 3, 2025, the Chief Special Master adopted the stipulation and awarded Ms. Daily $62,400.22 in a lump sum, payable by ACH deposit to counsel's IOLTA account for prompt disbursement. She was represented by Amy Senerth of Muller Brazil.

Theory of causation field:
Tdap vaccine, November 18, 2022, adult exact age not stated, causing left SIRVA. ENTITLEMENT GRANTED by concession and COMPENSATED by stipulation for $62,400.22. The stipulation also released claims involving an October 31, 2022 COVID-19 vaccination, with petitioner waiving any CICP rights for that COVID vaccine. Chief Special Master Corcoran, entitlement December 23, 2024 and damages September 3, 2025. Attorney Amy Senerth, Muller Brazil.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00420-0
Date issued/filed: 2025-01-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/23/2024) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00420-UNJ Document 24 Filed 01/27/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0420V
TRINA DAILY, Chief Special Master Corcoran
Petitioner,
v. Filed: December 23, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 19, 2024, Trina Daily filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (the “Vaccine
1
Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine which she received on November 18, 2022. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On December 19, 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 (citing 42 C.F.R. §§ 100.3(a),
(c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. Id. at 5 – 6.
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.

Case 1:24-vv-00420-UNJ Document 24 Filed 01/27/25 Page 2 of 2
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_24-vv-00420-1
Date issued/filed: 2025-10-03
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 09/03/2025) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:24-vv-00420-UNJ Document 39 Filed 10/03/25 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0420V
TRINA DAILY, Chief Special Master Corcoran
Petitioner,
v. Filed: September 3, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 19, 2024, Trina Dailyfiled a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (the “Vaccine
1
Act”). Petitioner alleges that she suffered a left shoulder injury related to vaccine
administration (“SIRVA”) as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine which she received on November 18, 2022. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On December 23, 2024, a Ruling on Entitlement was issued, finding Petitioner
entitled to compensation for SIRVA corresponding to a listing on the Vaccine Injury Table,
see 42 C.F.R. §§ 100.3(a), (c)(10)).
1Because 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.

Case 1:24-vv-00420-UNJ Document 39 Filed 10/03/25 Page 2 of 8
On September 2, 2025, Respondent filed the attached joint stipulation.2,3I 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 a lump sum of
$62,400.22 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.
The Clerk of Court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2Usually, a proffer is filed by Respondent if the parties have reached an informal agreement regarding the
appropriate amount of compensation to be awarded after an entitlement determination. However, in a
minority of cases, the parties may choose to file a joint stipulation instead, reflecting more of a compromise
regarding the compensation to be awarded.
3 In attaching the parties’ joint stipulation, I have omitted the last page – a VineSign form that includes
personal information regarding Petitioner.
4 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

lnesign DocumentC IDas: e1 E 1:92045-Fvv6-C0-064D2502-U-4NCJ5 5 - AD4o7c8u-mF2eEntE 3097 C 8 F1i6leFdE 1 0/03/25 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TRINA DAILY, )
)
Petitioner, )
) No. 24-420V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Trina Daily, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of a tetanus,
diphtheria, and acellular pertussis ("Tdap") vaccine, which is a vaccine contained in the Vaccine
Injury Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the Tdap vaccine on November 18, 2022.1
3. The vaccination was administered within the United States.
4. Petitioner sustained a left shoulder injury related to vaccination administration
("SIRVA") within the time period set forth in the Table following receipt of the Tdap vaccine,
1 On October 31, 2022, petitioner received a COVID-19 vaccine. Vaccines against COVID-19
are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R.
§ I 00.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services
under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e),
claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be
compensable under the Countermeasures Injury Compensation Program ("CICP''). See 85 Fed.
Reg. 15198, 15202 (March 17, 2020).
he signed document can be validated at https://app.vinesign.comNerify

Case 1:24-vv-00420-UNJ Document 39 Filed 10/03/25 Page 4 of 8
and experienced the residual effects of a SIRVA injury for more than six months.
5. There is not a preponderance of evidence demonstrating that petitioner's injury is due
to a factor unrelated to vaccination.
6. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of petitioner's condition.
7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act
for her SIRVA Table injury. Therefore, a decision should be entered awarding the compensation
described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump swn of$62,400.22 to be paid through an ACH deposit to petitioner's
counsel's IO LT A account for prompt disbursement to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner bas filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and petitioner's attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily liable under 42 U.S.C. § 300aa-l 5(g), to the extent that payment bas been made or can
reasonably be expected to be made under any State compensation programs, insurance policies,
2

Case 1:24-vv-00420-UNJ Document 39 Filed 10/03/25 Page 5 of 8
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attomeyst fees and litigation costs, and past unreimbursed expensest the money provided
pursuant to this Stipulation wilJ be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-1 S(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or
assigns, (a) does forever irrevocably and unconditionally release, acquit, and discharge the
United States and the Secretary of Health and Human Services from any and all actions or causes
of action (including agreements, judgments, claims, damages, loss of services, expenses, and all
demands of whatever kind or nature) that have been brought, could have been brought, or
hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury
Compensation Program, 42 U.S.C. § JOOaa-10 et seq., (i) on accom1t of, or in any way growing
out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting fro~ or that may be alleged to have resulted from, the vaccinations
administered on October 31 and November 18, 2022, and (ii) that petitioner has bad, now has, or
hereafter may have with respect to the injury that gave rise to the petition for vaccine
compensation filed on or about March 19, 2024, in the United Stat.es Court of Federal Claims as
3

Case 1:24-vv-00420-UNJ Document 39 Filed 10/03/25 Page 6 of 8
petition No. 24-420V; and (b) waives any and all rights to any compensation that may be
available under the Cowitermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-
6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered
countenneasure, including the COVID-19 vaccination administered on October 31, 2022, on its
own or in combination with the Tdap vaccination administered on November 18, 2022, caused or
seriously aggravated the injuries that were the subject of the petition for vaccine compensation
filed on or about March 19, 2024, in the United States Court of Federal Claims as petition No.
24-420V, including a(n) shoulder injury, for which petitioner will receive compensation pursuant
to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner
hereby withdraws such claim for compensation in the CICP. 2 If no claim for compensation has
been filed in the CICP as of the date this Stipulation is filed, petitioner waives the right to file a
claim as described in this paragraph for compensation in the CICP.
14. If petitioner should die prior to entry ofj udgment., this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete confonnity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the soJe discretion ofe ither party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
2 After entry ofj udgment reflecting a decision consistent with the tem1S of this Stipulation,
petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's
withdrawal of their CICP claim and waiver of any potential compensation under the CICP.
4

Case 1:24-vv-00420-UNJ Document 39 Filed 10/03/25 Page 7 of 8
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may n,flect a compromise of the parties' respective positions as to amount of
damages, and further, that a change in the nature of the injury or condition or in the items of
compensation sought, is not grounds to modify or revise this agreement.
17. The Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap vaccine caused petitioner's shoulder
injury or any other injury or her current condition; however, petitioner has satisfied the Table
criteria to establish entitlement to compensation.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
s

Case 1:24-vv-00420-UNJ Document 39 Filed 10/03/25 Page 8 of 8
Respectfully submitted,
PETITIONER:
TRINA DAILY
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE A'ITORNEY GENERAL:
011.k
.,'°~~P¼~
AMY A. SENERTII HEA TIIER L. PEARLMAN
Counsel for Petitioner Deputy Director
MULLER BRAZIL Torts Branch, Civil Division
715 Twining Road, Suite 208 U.S. Department of Justice
Dresher, PA 19025 P.O. Box 146
(215) 885-1655 Benjamin Franklin Station
amy@mullerbrazil.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
•
Jeffrey S Olgltally signed by
Jeffrey S. Beach -S
Be ac h -S Date: 2025.08.27 ~ v- ~
15;1003:9£00' for
CAPT GEORGE REED GRIMES, MD, MPH MARGARET ARMS'ffiNG
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A 202-6 I 6-4043
Rockville, MD 20857 margaret.armstrong@usdoj.gov
6