VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01354 Package ID: USCOURTS-cofc-1_24-vv-01354 Petitioner: Eliza Shumway Filed: 2024-08-30 Decided: 2025-09-04 Vaccine: tetanus-diphtheria-acellular pertussis (Tdap) Vaccination date: 2023-01-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 87735 AI-assisted case summary: On August 30, 2024, Eliza Shumway filed a petition alleging that a Tdap vaccine administered on January 3, 2023 caused a shoulder injury related to vaccine administration. Respondent denied that the Tdap vaccine caused Ms. Shumway's alleged SIRVA or its residual effects, and denied that the vaccine caused any other injury or her current condition. The public stipulation does not describe the first symptom, treatment visits, imaging, injections, physical therapy, or residual limitations. The parties resolved the case by joint stipulation. On September 4, 2025, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded Ms. Shumway $87,735.00 as a lump sum through counsel's IOLTA account. Theory of causation field: Tdap vaccine January 3, 2023 allegedly causing SIRVA; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied causation and current-condition relationship; public stipulation lacks clinical chronology. Award $87,735 lump sum. Chief SM Brian H. Corcoran; petition August 30, 2024; decision September 4, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01354-0 Date issued/filed: 2025-10-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/04/2025) regarding 26 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01354-UNJ Document 32 Filed 10/06/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1354V ELIZA SHUMWAY, Chief Special Master Corcoran Petitioner, Filed: September 4, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Hess, Shannon Law Group, Woodridge, IL, for Petitioner. Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 30, 2024, Eliza Shumway 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 a tetanus diphtheria acellular pertussis (“Tdap”) vaccine received on January 3, 2023. Petition at 1; Stipulation, filed September 3, 2025, at ¶¶ 2-4. Petitioner further alleges that the Tdap vaccine was administered in the United States, her pain and impairment continued for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injury. Petition at ¶¶ 2, 20, 23, 24; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged SIRVA or its residual effects were caused-in-fact by the Tdap vaccine; and denies that the Tdap vaccine caused petitioner any other injury or petitioner’s current condition.” Stipulation at ¶ 6. 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-01354-UNJ Document 32 Filed 10/06/25 Page 2 of 7 Nevertheless, on September 3, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. 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, I award the following compensation: A lump sum of $87,735.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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-01354-UNJ Document 32 Filed 10/06/25 Page 3 of 7 Case 1:24-vv-01354-UNJ Document 32 Filed 10/06/25 Page 4 of 7 Case 1:24-vv-01354-UNJ Document 32 Filed 10/06/25 Page 5 of 7 Case 1:24-vv-01354-UNJ Document 32 Filed 10/06/25 Page 6 of 7 Case 1:24-vv-01354-UNJ Document 32 Filed 10/06/25 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01354-cl-extra-11229575 Date issued/filed: 2025-12-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10762990 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1354V ELIZA SHUMWAY, Chief Special Master Corcoran Petitioner, v. Filed: November 21, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Hess, Shannon Law Group, Woodridge, IL, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On August 30, 2024, Eliza Shumway 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 resulting from a tetanus diphtheria acellular pertussis vaccine received on January 3, 2023. Petition, ECF No. 1. On September 4, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 26. 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 $38,993.88 (representing $37,537.60 in fees plus $1,456.28 in costs). Application for Fees and Costs (“Motion”) filed September 12, 2025, ECF No. 30. Furthermore, counsel for Petitioner indicating that Petitioner incurred no personal out-of-pocket expenses. ECF No. 30 at 3. Respondent reacted to the motion on September 17, 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. 31. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 30-4. 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 $38,993.88 (representing $37,537.60 in fees plus $1,456.28 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 f iling a joint notice renouncing their right to seek review. 2