VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00772
Package ID: USCOURTS-cofc-1_24-vv-00772
Petitioner: Andrea Borah
Filed: 2025-01-13
Decided: 2025-08-25
Vaccine: Tdap
Vaccination date: 2023-02-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 102440

AI-assisted case summary:
Andrea Borah filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from measles, mumps, and rubella (MMR) and tetanus, diphtheria, and acellular pertussis (Tdap) vaccines received on February 6, 2023. The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, specifically relating to the Tdap vaccination, as she had no prior shoulder issues, pain occurred within 48 hours of the intramuscular vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that her symptoms persisted for more than six months and she met all legal prerequisites for compensation. A ruling on entitlement was issued on January 13, 2025, finding her entitled to compensation. Subsequently, on July 25, 2025, the respondent filed a proffer on award of compensation, agreeing to an award of $102,440.00, comprised of $100,000.00 for pain and suffering and $2,440.00 for past unreimbursable expenses. The decision awarding damages was issued on August 25, 2025, granting the proffered award.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00772-0
Date issued/filed: 2025-02-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/13/2025) regarding 16 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00772-UNJ Document 20 Filed 02/14/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0772V
ANDREA BORAH, Chief Special Master Corcoran
Petitioner, Filed: January 13, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 17, 2024, Andrea Borah 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”) resulting from measles mumps, and rubella (“MMR”) and
tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccines received on February 6,
2023. Petition at 1. Petitioner further alleges that her SIRVA symptoms persisted for more
than six months and neither Petitioner, nor any other party, has ever filed any action or
received compensation in the form of an award or settlement for Petitioner’s vaccine-
related injury. Petition at ¶¶ 11-13. 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-00772-UNJ Document 20 Filed 02/14/25 Page 2 of 2
On January 10, 2025, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case only relating to the Tdap
vaccination.3 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
in that “petitioner had no history of pain, inflammation, or dysfunction of her left shoulder
prior to vaccination; pain occurred within 48 hours after receipt of an intramuscular
vaccination; pain 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.”
Id. at 4. Respondent further agrees that the records demonstrate that Petitioner suffered
the residual effects of her condition for more than six months, and has satisfied all legal
prerequisites for compensation under the Vaccine 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
3 Respondent stated that the MMR vaccine was administered subcutaneously and is not intended for
intramuscular administration; as such, it cannot meet the Vaccine Injury Table criteria. Respondent’s Rule
4(c) Report at *1 n.1.
2

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DOCUMENT 2: USCOURTS-cofc-1_24-vv-00772-1
Date issued/filed: 2025-08-25
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/25/2025) regarding 27 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00772-UNJ Document 31 Filed 08/25/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0772V
ANDREA BORAH, Chief Special Master Corcoran
Petitioner, Filed: July 25, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 17, 2024, Andrea Borah 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”) resulting from measles mumps, and rubella (“MMR”) and
tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccines received on February 6,
2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On January 13, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On July 25, 2025, Respondent filed a proffer on award of
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-00772-UNJ Document 31 Filed 08/25/25 Page 2 of 5
compensation (“Proffer”) indicating Petitioner should be awarded $102,440.00.3 Proffer
at 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 $102,440.00 (comprised of $100,000.00 for pain and suffering and
$2,440.00 for past unreimbursable 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Respondent reiterates that because the MMR vaccine was administered subcutaneously, it cannot meet
the Table SIRVA criteria, and thus Petitioner’s entitlement to compensation relates only to her Tdap
vaccination. Proffer at 1 n.1.
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

Case 1:24-vv-00772-UNJ Document 31 Filed 08/25/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ANDREA BORAH, )
)
Petitioner, )
) No. 24-772V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 17, 2024, Andrea Borah (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended, alleging that she suffered from a left shoulder injury
related to vaccine administration (“SIRVA”) as a result of measles, mumps, and rubella
(“MMR”) and tetanus, diphtheria and acellular pertussis (“Tdap”) vaccinations she received on
February 6, 2023. Petition at 1. On January 10, 2025, respondent filed his Rule 4(c) Report
asserting that this case was appropriate for compensation, specifically regarding petitioner’s
Tdap vaccination only.1 ECF No. 15. On January 13, 2025, Chief Special Master Corcoran
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 16.
1 Petitioner’s February 6, 2023 MMR vaccination was administered subcutaneously. Ex. 1 at 1.
Because the MMR vaccination was not “a vaccine intended for intramuscular administration in
the upper arm,” it cannot meet the criteria of the Vaccine Injury Table. 42 C.F.R. § 100.3(c)(10).
As such, petitioner’s entitlement to compensation relates only to petitioner’s Tdap vaccination.

Case 1:24-vv-00772-UNJ Document 31 Filed 08/25/25 Page 4 of 5
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.
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 $2,440.00. 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.
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 Chief Special Master Corcoran’s
decision and the Court’s judgment award the following2: a lump sum payment of $102,440.00, to
be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt
disbursement to petitioner.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
2 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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:24-vv-00772-UNJ Document 31 Filed 08/25/25 Page 5 of 5
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
/s/ Meghan R. Murphy
MEGHAN R. MURPHY
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) 616-4264
meghan.r.murphy@usdoj.gov
DATED: July 25, 2025
3