VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01262 Package ID: USCOURTS-cofc-1_24-vv-01262 Petitioner: Lori A. Brannan Filed: 2024-08-16 Decided: 2025-06-10 Vaccine: Tdap Vaccination date: 2023-08-30 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: On August 16, 2024, Lori Brannan filed a petition alleging a left shoulder injury related to vaccine administration after a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on August 30, 2023. Respondent first addressed entitlement through a Rule 4(c) report, conceding that the public record supported a Table SIRVA: no prior shoulder-pain history, pain within 48 hours, pain and reduced range of motion limited to the injected shoulder, and no other condition identified to explain the symptoms. Chief Special Master Brian H. Corcoran granted entitlement on April 16, 2025. The damages record is a proffer record, so it does not set out a detailed treatment chronology beyond the Table criteria. Respondent proffered $75,000.00 for pain and suffering, and Ms. Brannan agreed. On June 10, 2025, Chief Special Master Corcoran awarded a $75,000.00 lump sum for all damages available under the Vaccine Act. Theory of causation field: Adult petitioner; Tdap vaccine August 30, 2023; left Table SIRVA with pain within 48 hours, no prior shoulder history, symptoms limited to injected shoulder, and no alternative condition identified. COMPENSATED. Respondent conceded entitlement; no expert dispute in public text. Entitlement April 16, 2025; damages June 10, 2025. Award $75,000.00 pain/suffering only. Chief SM Brian H. Corcoran. Petition filed August 16, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01262-0 Date issued/filed: 2025-05-16 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/16/2025) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01262-UNJ Document 25 Filed 05/16/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1262V LORI A. BRANNAN, Chief Special Master Corcoran Petitioner, Filed: April 16, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Richard H. Moeller, Moore, Heffernan, Sioux City, IA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 16, 2024, Lori Brannan (“Petitioner”) 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 shoulder injury related to vaccine administration (“SIRVA”), as the result of a tetanus-diphtheria (“Td”) vaccination received on August 30, 2023. See generally Petition. 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 his behalf as a result of her injury. Petition at 6, 8. 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-01262-UNJ Document 25 Filed 05/16/25 Page 2 of 2 On March 20, 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 the Division of Injury Compensation Programs, Department of Health and Human Services 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 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. 42 C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the medical records outlined above, petitioner suffered the residual effects of her 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. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01262-cl-extra-11052444 Date issued/filed: 2025-05-16 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10585856 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1262V LORI A. BRANNAN, Chief Special Master Corcoran Petitioner, Filed: April 16, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Richard H. Moeller, Moore, Heffernan, Sioux City, IA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 16, 2024, Lori Brannan (“Petitioner”) 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 shoulder injury related to vaccine administration (“SIRVA”), as the result of a tetanus-diphtheria (“Td”) vaccination received on August 30, 2023. See generally Petition. 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 his behalf as a result of her injury. Petition at 6, 8. 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). On March 20, 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 the Division of Injury Compensation Programs, Department of Health and Human Services 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 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. 42 C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the medical records outlined above, petitioner suffered the residual effects of her 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. 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01262-1 Date issued/filed: 2025-07-15 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 06/10/2025) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01262-UNJ Document 36 Filed 07/15/25 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1262V LORI A. BRANNAN, Chief Special Master Corcoran Petitioner, Filed: June 10, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 16, 2024, Lori Brannan 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 left shoulder injury related to vaccine administration (“SIRVA”) after receiving an tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on August 30, 2023. Petition at ¶¶ 3-10. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 16, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On June 9, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating that Petitioner should be awarded a lump sum of $75,000.00 for pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. at 1. 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-01262-UNJ Document 36 Filed 07/15/25 Page 2 of 4 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $75,000.00, 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.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-01262-UNJ Document 36 Filed 07/15/25 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) LORI BRANNAN, ) ) Petitioner, ) ) No. 24-1262V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 16, 2024, Lori Brannan (“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 Tetanus- diphtheria-acellular pertussis (“Tdap”) vaccine she received on August 30, 2023. Petition at 1-2. On March 20, 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 April 16, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 16; ECF No. 19. I. Compensation Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:24-vv-01262-UNJ Document 36 Filed 07/15/25 Page 4 of 4 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 following:1 a lump sum payment of $75,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General 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/ CAMILLE M. COLLETT CAMILLE M. COLLETT 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) 616-4098 E-mail: camille.m.collett@usdoj.gov Dated: June 9, 2025 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 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_24-vv-01262-cl-extra-11137450 Date issued/filed: 2025-09-12 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10670863 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1262V LORI A. BRANNAN, Chief Special Master Corcoran Petitioner, v. Filed: August 13, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On August 16, 2024, Lori Brannan 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 left shoulder injury related to vaccine administration after receiving a tetanus-diphtheria-acellular pertussis vaccine on August 30, 2023. Petition, ECF No. 1. On June 10, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 29. 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 inf ormation, 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 f rom 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 ref erences 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 $27,419.74 (representing $26,847.00 in fees plus $572.74 in costs). Application for Fees and Costs (“Motion”) filed June 11, 2025, ECF No. 32. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out-of-pocket expenses. ECF No. 33. Respondent reacted to the motion on June 25, 2025, reporting that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, ECF No. 34. Petitioner filed a reply requesting the Court to proceed to a decision on the Motion. ECF No. 35. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through the end of 2024 are reasonable and consistent with our prior determinations and will therefore be adopted. Petitioner has also requested that I apply the hourly rate of $470.00 for 2025 work performed by her attorney Richard Moeller, representing a rate increase of $34.00 from the previous year. Petitioner has also requested the rate of $171.00 for paralegal work performed in 2025. I find the proposed rates to be reasonable and hereby award them herein. And all time billed to the matter was also reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 32-2. 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. I award a total of $27,419.74 (representing $26,847.00 in fees plus $572.74 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 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2 Chief Special Master 3