VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01244 Package ID: USCOURTS-cofc-1_24-vv-01244 Petitioner: Madison Clark Filed: 2024-08-14 Decided: 2025-07-01 Vaccine: meningococcal vaccine Vaccination date: 2023-07-13 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 68140 AI-assisted case summary: On August 14, 2024, Madison Clark filed a petition alleging that a meningococcal vaccine administered on July 13, 2023 caused shoulder injury related to vaccine administration. Respondent conceded entitlement, agreeing that Ms. Clark had no prior shoulder condition explaining the symptoms, that pain began within forty-eight hours, that pain and reduced range of motion were limited to the injection shoulder, and that the remaining legal requirements for compensation were met. The public ruling does not describe her medical visits, imaging, injections, therapy, or residual limitations. Chief Special Master Brian H. Corcoran found entitlement on February 18, 2025. On July 1, 2025, he awarded $68,140.00 as a lump sum, consisting of $67,500.00 for pain and suffering and $640.00 in past unreimbursed expenses. Theory of causation field: Meningococcal vaccine July 13, 2023 causing Table SIRVA; adult, exact age not stated; onset within 48 hours. ENTITLEMENT CONCEDED; COMPENSATED. Public documents lack treatment chronology. Award $67,500 pain/suffering + $640 expenses = $68,140. Chief SM Brian H. Corcoran; petition August 14, 2024; entitlement February 18, 2025; damages July 1, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01244-0 Date issued/filed: 2025-03-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/18/2025) regarding 15 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (jt1) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01244-UNJ Document 21 Filed 03/20/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1244V MADISON CLARK, Chief Special Master Corcoran Petitioner, Filed: February 18, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 14, 2024, Madison Clark 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 a meningococcal vaccination she received on July 13, 2023. Petition at 1. Petitioner further alleges that the residual effects of her vaccine- related injury have persisted longer than six months. Petition at ¶ 10. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 14, 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-01244-UNJ Document 21 Filed 03/20/25 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 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.” Id. at 4. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01244-cl-extra-10827383 Date issued/filed: 2025-03-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10360795 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1244V MADISON CLARK, Chief Special Master Corcoran Petitioner, Filed: February 18, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On August 14, 2024, Madison Clark 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 a meningococcal vaccination she received on July 13, 2023. Petition at 1. Petitioner further alleges that the residual effects of her vaccine- related injury have persisted longer than six months. Petition at ¶ 10. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 14, 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). 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 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.” Id. at 4. 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01244-1 Date issued/filed: 2025-08-04 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 07/01/2025) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01244-UNJ Document 33 Filed 08/04/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1244V MADISON CLARK, Chief Special Master Corcoran Petitioner, Filed: July 1, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 14, 2024, Madison Clark 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 a Meningococcal Group B vaccine she received on July 13, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 18, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On June 30, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $68,140.00, comprised of $67,500.00 for pain and suffering and $640.00 for past unreimbursed expenses. Proffer at 1-2. 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. 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-01244-UNJ Document 33 Filed 08/04/25 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $68,140.00, comprised of $67,500.00 for pain and suffering and $640.00 for past 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-01244-UNJ Document 33 Filed 08/04/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) MADISON CLARK, ) ) Petitioner, ) ) No. 24-1244V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 14, 2024, Madison Clark (“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 an meningococcal vaccine she received on July 13, 2023. Petition at 1. On February 14, 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 February 18, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 14; ECF No. 15. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $67,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:24-vv-01244-UNJ Document 33 Filed 08/04/25 Page 4 of 5 This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). 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 $640.00. 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 the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $68,140.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Madison Clark: $68,140.00 Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General 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-01244-UNJ Document 33 Filed 08/04/25 Page 5 of 5 C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ EMILY M. HANSON EMILY M. HANSON 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) 430-4802 emily.hanson@usdoj.gov DATED: June 30, 2025 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_24-vv-01244-cl-extra-11178329 Date issued/filed: 2025-10-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10711743 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1244V MADISON CLARK, Chief Special Master Corcoran Petitioner, Filed: September 24, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On August 14, 2024, Madison Clark 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 alleged that she suffered a shoulder injury related to vaccine administration following a Meningococcal Group B vaccine she received on July 13, 2023. Petition, ECF No. 1. On July 1, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 27. 1Because 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). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $15,608.69 (representing $14,968.70 in fees plus $639.99 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed July 23, 2025, ECF No. 31. Furthermore, counsel for Petitioner represents that no personal out-of-pocket expenses were incurred by the Petitioner. ECF No. 31 at 2. Respondent reacted to the motion on July 25, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Response at 2, 4. ECF No. 32. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through 2025 are reasonable and consistent with our prior determinations and will therefore be awarded herein. And all time billed to the matter was also reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 31 at 13-15. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $15,608.69 (representing $14,968.70 in fees plus 639.99 in costs) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2