VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00437
Package ID: USCOURTS-cofc-1_24-vv-00437
Petitioner: Sally Nellson-Barrett
Filed: 2024-12-13
Decided: 2025-03-27
Vaccine: Td
Vaccination date: 2022-03-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 90155

AI-assisted case summary:
Sally Nellson-Barrett filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of a Tetanus-diphtheria (Td) vaccination received on March 29, 2022. She stated that she received the vaccine in the United States, suffered residual effects for more than six months, and had no prior award or settlement. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that she had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection site, with no other identified condition explaining the symptoms. The ruling on entitlement found Sally Nellson-Barrett entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $90,000.00 for pain and suffering and $155.97 for unreimbursed expenses, which the petitioner agreed to. The decision awarding damages granted a lump sum payment of $90,155.97 to be paid to the petitioner's counsel for disbursement.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00437-0
Date issued/filed: 2025-01-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/13/2024) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00437-UNJ Document 24 Filed 01/22/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-437V
SALLY NELLSON-BARRETT, Chief Special Master Corcoran
Petitioner, Filed: December 13, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Ilana Sherry Greenberg, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 21, 2024, Sally Nellson-Barrett 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 Table injury – shoulder injury related
to vaccine administration (“SIRVA”), as the result of a Tetanus-diphtheria (“Td”)
vaccination received on March 29, 2022. Petition at 1, n. 2. Petitioner further alleges that
she received the vaccine in the United States, that she suffered the residual effects of her
injury for more than six months, and that there has been no prior award or settlement of
a civil action on her behalf as a result of her injury. See Petition at ¶¶ 17-19. 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 1:24-vv-00437-UNJ Document 24 Filed 01/22/25 Page 2 of 2
On December 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. Specifically, Respondent states that he
has concluded that petitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table. Specifically, petitioner had no history
of pain, inflammation, or dysfunction of her right shoulder prior to
vaccination; pain occurred within forty-eight hours after receipt of an
intramuscular vaccination; pain and reduced range of motion was limited to
the shoulder in which the vaccine was administered; and no other condition
or abnormality has been identified to explain petitioner’s shoulder pain. 42
C.F.R. §§ 100.3(a)(I)(C), (c)(10). Additionally, based on the medical records
outlined above, petitioner suffered the residual effects of her condition for
more than six months. Therefore, based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation under the
Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i).
Id. at 5.
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-00437-1
Date issued/filed: 2025-03-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/21/2025) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00437-UNJ Document 31 Filed 03/27/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-437V
SALLY NELLSON-BARRETT, Chief Special Master Corcoran
Petitioner, Filed: February 21, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Ilana Sherry Greenberg, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 21, 2024, Sally Nellson-Barrett 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 Table injury – shoulder injury related
to vaccine administration (“SIRVA”), as the result of a Tetanus-diphtheria (“Td”)
vaccination received on March 29, 2022. Petition at 1, n. 2. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 13, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On February 19, 2025, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $90,000.00 in
pain and suffering, and $155.97 for unreimbursed expenses. Proffer at 1-2. 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 1:24-vv-00437-UNJ Document 31 Filed 03/27/25 Page 2 of 5
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 $90,155.97 (representing $90,000.00 in pain and suffering, and
$155.97 for unreimbursed expenses) 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 1:24-vv-00437-UNJ Document 31 Filed 03/27/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SALLY NELLSON-BARRETT,
Petitioner,
No. 24-437V
Chief Special Master Corcoran
v.
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 21, 2024, Sally Nellson-Barrett (“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, 42 C.F.R. § 100.3, as the
result of a tetanus-diphtheria (“Td”) vaccine that she received on March 29, 2022. Petition at 1.
On December 13, 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. 20; ECF No. 21.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $90,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00437-UNJ Document 31 Filed 03/27/25 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 $155.97. 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 $90,155.97 to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
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
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 1:24-vv-00437-UNJ Document 31 Filed 03/27/25 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Ilana S. Greenberg
ILANA S. GREENBERG
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 890-9592
Email: Ilana.Greenberg@usdoj.gov
DATED: February 19, 2025
3