VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00748
Package ID: USCOURTS-cofc-1_24-vv-00748
Petitioner: Sherian Smith
Filed: 2025-02-10
Decided: 2025-03-25
Vaccine: HPV
Vaccination date: 2023-07-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 105057

AI-assisted case summary:
Sherian Smith filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an HPV vaccination on July 19, 2023. She further alleged that she has suffered residual effects for more than six months. The respondent conceded that Petitioner is entitled to compensation, stating her injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, she had no prior history of shoulder issues, pain occurred within forty-eight hours post-vaccination, pain and reduced range of motion were limited to the injection site, and no other condition explained her symptoms. The respondent agreed that Petitioner satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on February 10, 2025, finding her entitled to compensation. Subsequently, on February 14, 2025, the respondent filed a proffer on award of compensation, proposing an award of $105,057.85. This amount was comprised of $100,000.00 for pain and suffering, $1,070.00 in past unreimbursable expenses, and $3,987.85 in past lost wages. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $105,057.85.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00748-0
Date issued/filed: 2025-03-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/10/2025) regarding 24 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00748-UNJ Document 35 Filed 03/17/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0748V
SHERIAN SMITH, Chief Special Master Corcoran
Petitioner, Filed: February 10, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Nathan Joseph Marchese, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 13, 2024, Sherian 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 alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following an HPV vaccination she received on July 19, 2023.
Petition at 1. Petitioner further alleges that she has suffered the residual effects of her
vaccine-related injury for more than six months. Petition at ¶ 24. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On February 10, 2025, 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. Respondent states that Petitioner’s alleged injury is consistent with SIRVA as defined
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-00748-UNJ Document 35 Filed 03/17/25 Page 2 of 2
by the Vaccine Injury Table. Specifically, Petitioner had no history of pain, inflammation,
or dysfunction of her left shoulder prior to vaccination; pain occurred within forty-eight
hours after receipt of an intramuscular vaccination; pain and reduced ROM were 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.” Id. at 7. Respondent
further agrees that “based on the record as it now stands, Petitioner has satisfied all legal
prerequisites for compensation under the Act.” Id.
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-00748-1
Date issued/filed: 2025-03-25
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/18/2025) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00748-UNJ Document 37 Filed 03/25/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0748V
SHERIAN SMITH, Chief Special Master Corcoran
Petitioner, Filed: February 18, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Nathan Joseph Marchese, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 13, 2024, Sherian 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 alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following an HPV vaccination she received on July 19, 2023.
Petition at ¶ 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On February 10, 2025, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On February 14, 2025, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$105,057.85, comprised of $100,000.00 for pain and suffering, $1,070.00 in past
unreimbursable expenses, and $3,987.85 in past lost wages. 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-00748-UNJ Document 37 Filed 03/25/25 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 $105,057.85, comprised of $100,000.00 for pain and suffering,
$1,070.00 in past unreimbursable expenses, and $3,987.85 in past 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 1:24-vv-00748-UNJ Document 37 Filed 03/25/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SHERIAN SMITH, )
)
Petitioner, )
) No. 24-748V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 13, 2024 Sherian Smith (“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 July 19, 2023. Petition at 1. On February, 10
2025, 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 on the same day the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 22, 24.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $100,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00748-UNJ Document 37 Filed 03/25/25 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to his vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,070.00. 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.
C. Loss of Earnings
Evidence supplied by petitioner documents that she incurred past lost wages related to his
vaccine-related injury. Respondent proffers that petitioner should be awarded lost wages in the
amount of $3,987.85. See 42 U.S.C. § 300-15(a)(3)(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 $105,057.85 to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
III. Summary of Recommended Payment Following Judgment
Lump a lump sum payment to be paid through an ACH deposit to petitioner’s counsel’s
IOLTA account for prompt disbursement to petitioner in the amount of $105,057.85.
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-00748-UNJ Document 37 Filed 03/25/25 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 A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Adam N. Muffett
ADAM N. MUFFETT
Trial Attorney
U.S. Department of Justice
Torts Branch, Civil Division
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-2895
Adam.muffett@usdoj.gov
Date: February 14, 2025.
3