VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00934
Package ID: USCOURTS-cofc-1_24-vv-00934
Petitioner: Matthew Dean
Filed: 2025-04-18
Decided: 2025-05-20
Vaccine: Tdap
Vaccination date: 2023-09-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Matthew Dean filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of a Tdap vaccine he received on September 5, 2023. He stated that he received the vaccination 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 and Proffer of Damages, conceding that Mr. Dean is entitled to compensation. The respondent confirmed that the injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that his shoulder pain occurred within forty-eight hours after vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also confirmed that Mr. Dean suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Mr. Dean entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $85,000.00 for pain and suffering, which Mr. Dean agreed to. The court awarded Mr. Dean a lump sum payment of $85,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00934-0
Date issued/filed: 2025-05-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/18/2025) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:24-vv-00934-UNJ Document 28 Filed 05/20/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-934V
MATTHEW DEAN, Chief Special Master Corcoran
Petitioner, Filed: April 18, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 18, 2024, Matthew Dean 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 he suffered a Table injury – shoulder injury related
to vaccine administration (“SIRVA”) - as the result of a tetanus, diphtheria, acellular
pertussis (“Tdap”) vaccine received on September 5, 2023. Petition at 1. Petitioner further
alleges that he received his vaccination in the United States, that he suffered the residual
effects of his injury for more than six months, and that there has been no prior award or
settlement of a civil action on his behalf as a result of his injury. See Petition at ¶¶ 2, 24,
27-28. 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-00934-UNJ Document 28 Filed 05/20/25 Page 2 of 2
On April 18, 2025, Respondent filed his Rule 4(c) Report and Proffer of Damages
in which he concedes that Petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report and Proffer of Damages at 1. Specifically, Respondent
states that Division of Injury Compensation Programs, Department of Health and Human
Services (“DICP”) has
reviewed the petition and medical records filed in this case and has
concluded that compensation is appropriate. DICP has concluded that
petitioner’s alleged injury is consistent with SIRVA as defined by the
Vaccine Injury Table. Specifically, petitioner’s history of pain, inflammation,
or dysfunction of his shoulder prior to vaccination was determined to be
separate from the left shoulder pain, inflammation, or dysfunction post-
vaccination; pain occurred within forty-eight 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. 42 C.F.R. §§ 100.3(a),
(c)(10). Additionally, based on the medical records outlined above,
petitioner suffered the residual effects of his 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 5-6.
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-00934-1
Date issued/filed: 2025-05-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/18/2025) regarding 22 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:24-vv-00934-UNJ Document 29 Filed 05/20/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-934V
MATTHEW DEAN, Chief Special Master Corcoran
Petitioner, Filed: April 18, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 18, 2024, Matthew Dean 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 he suffered a Table injury – shoulder injury related
to vaccine administration (“SIRVA”) - as the result of a tetanus, diphtheria, acellular
pertussis (“Tdap”) vaccine received on September 5, 2023. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 18, 2025, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On April 18, 2025, Respondent filed a Rule 4(c) Report and
Proffer of Damages (“Proffer”) indicating Petitioner should be awarded $85,000.00
(representing pain and suffering). Proffer at 6. 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.
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-00934-UNJ Document 29 Filed 05/20/25 Page 2 of 2
Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum
payment of $85,000.00 (representing pain and suffering), 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