VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00967
Package ID: USCOURTS-cofc-1_24-vv-00967
Petitioner: Emily Gross
Filed: 2025-01-27
Decided: 2025-05-22
Vaccine: Tdap
Vaccination date: 2021-12-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 112500

AI-assisted case summary:
Emily Gross filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccine received on December 2, 2021. The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that her residual effects lasted for more than six months, satisfying all legal prerequisites for compensation. A ruling on entitlement was issued on January 27, 2025, finding her entitled to compensation. Subsequently, on April 18, 2025, the parties filed a joint stipulation requesting an award of $112,500.00. The Chief Special Master adopted the stipulation, awarding Emily Gross a lump sum payment of $112,500.00 for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00967-0
Date issued/filed: 2025-03-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/27/2025) regarding 15 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00967-UNJ Document 20 Filed 03/07/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-967V
EMILY GROSS, Chief Special Master Corcoran
Petitioner, Filed: January 27, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 25, 2024, Emily Gross 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 that she suffered a Table injury – shoulder injury related to
vaccine administration (“SIRVA”) - as the result of a Tdap vaccine received on December
2, 2021. Petition at 1. Petitioner further alleges 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. Petition at ¶¶ 18-19. 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-00967-UNJ Document 20 Filed 03/07/25 Page 2 of 2
On January 23, 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. Specifically, Respondent states that the 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 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 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 5 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that “[P]etitioner
suffered the residual effects of her condition for more than six months. Therefore, based
on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for
compensation under the Act.” Id. (citing U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-
11(c)(1)(D)(i)).
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-00967-1
Date issued/filed: 2025-05-22
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 04/18/2025) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00967-UNJ Document 29 Filed 05/22/25 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-967V
EMILY GROSS, Chief Special Master Corcoran
Petitioner, Filed: April 18, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 25, 2024, Emily Gross 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 Tdap vaccine received on December
2, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On January 27, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On April 18, 2025, Respondent filed the attached joint
stipulation,3 requesting that I issued a decision awarding $112,500.00 to Petitioner.
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).
3 Usually, 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, representing more of a
compromise regarding the compensation to be awarded.

Case 1:24-vv-00967-UNJ Document 29 Filed 05/22/25 Page 2 of 8
Stipulation at ¶ 8. I 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,4 I award Petitioner a
lump sum payment of $112,500.00, 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.5
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 The Vinesign form at page seven of the parties’ Stipulation at ECF No. 23 has been omitted from the
attached copy of the Stipulation.
5 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

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Case 1:24-vv-00967-UNJ Document 29 Filed 05/22/25 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
EMILY GROSS,
Petitioner,
V. No. 24-967V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Emily Gross. 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 December 2, 2021.1
3. The vaccination was administered within the United States.
1 On November 6, 2021, 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.
§ 100.3(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 countenneasures, including vaccines, may be
compensable under the Countenneasures 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-00967-UNJ Document 29 Filed 05/22/25 Page 4 of 8
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,
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 terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$] 12,500.00 to be paid through an ACH deposit to petitioner's
counsel's IOL TA 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 has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(l), 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
2

Case 1:24-vv-00967-UNJ Document 29 Filed 05/22/25 Page 5 of 8
primarily liable under 42 U .S.C. § 300aa-15(g), to the extent that payment has been made or can
reasonably be expected to be made under any State compensation programs, insurance policies,
Federal or State heaJth 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 attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(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. § 300aa-10 et seq., (i) on account 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 from, or that may be alleged to have resulted from, the vaccinations
administered on November 6 and December 2, 2021, and (ii) that petitioner has had, now has, or
3

Case 1:24-vv-00967-UNJ Document 29 Filed 05/22/25 Page 6 of 8
hereafter may have with respect to the injury that gave rise to the petition for vaccine
compensation filed on or about June 25, 2024, in the United States Court of Federal Claims as
petition No. 24-967V; and (b) waives any and all rights to any compensation that may be
available under the Countermeasures 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
countermeasure, including the COVID-19 vaccination administered on November 6, 2021, on its
own or in combination with the Tdap vaccination administered on December 2, 2021, caused or
seriously aggravated the injuries that were the subject of the petition for vaccine compensation
filed on or about June 25, 2024, in the United States Court of Federal Claims as petition No. 24-
967V, including a 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 conformity with the terms
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 ofthis Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
2 After entry ofj udgment reflecting a decision consistent with the terms 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-00967-UNJ Document 29 Filed 05/22/25 Page 7 of 8
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
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 reflect 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
5

Case 1:24-vv-00967-UNJ Document 29 Filed 05/22/25 Page 8 of 8
Respectfully submitted,
PETITIONER:
EMILY GROSS
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~ ~
....d.-t(~~~
LAURA LEVEBE~G HEATHER L. PEARLMAN
MULLER BRAZIL, LLP Deputy Director
715 Twining Road, Suite 208 Torts Branch, Civil Division
Dresher, PA 19025 U.S. Department of Justice
laura@mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
BRITT ANY 8.
Dlgltally signed by BRITTANY 8.
RIZEK-S10
RIZEK -$10
Date:2025,03.2810:44:44-04'00'
CAPT GEORGE REED GRIMES, MD, MPH
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 202-307-6545
Rockville, Md 20857 sara.destefano@usdoj.gov
Y / l~ /2,,5
Dated:
6