VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01753 Package ID: USCOURTS-cofc-1_24-vv-01753 Petitioner: Melissa Weber Filed: 2024-10-25 Decided: 2026-02-04 Vaccine: tetanus-diphtheria-acellular pertussis (Tdap) Vaccination date: 2022-10-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40182.67 AI-assisted case summary: On October 25, 2024, Melissa Weber filed a petition alleging that a Tdap vaccination administered on October 2, 2022 caused a shoulder injury related to vaccine administration. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report on May 27, 2025, conceding that Ms. Weber's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued an entitlement ruling on May 28, 2025. Damages were later resolved through respondent's proffer. On February 4, 2026, Chief Special Master Corcoran awarded a lump sum of $40,182.67: $40,000.00 for pain and suffering and $182.67 for unreimbursed expenses. Theory of causation field: Tdap vaccine on October 2, 2022, causing Table SIRVA; COMPENSATED after respondent conceded entitlement. Award $40,182.67 ($40,000 pain/suffering + $182.67 unreimbursed expenses). Chief SM Brian H. Corcoran, petition filed October 25, 2024; entitlement May 28, 2025; damages February 4, 2026. Attorney: Christopher Williams, Siri & Glimstad, New York NY. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01753-0 Date issued/filed: 2025-06-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/28/2025) regarding 17 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01753-UNJ Document 19 Filed 06/27/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1753V MELISSA WEBER, Chief Special Master Corcoran Petitioner, v. Filed: May 28, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Christopher Williams, Siri & Glimstad, LLP, New York, NY, for Petitioner. Rochelle Ilana Gillenson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 25, 2024, Melissa Weber 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 (“SIRVA”) as the result of a tetanus-diphtheria-acellular pertussis vaccination received on October 2, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 27, 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 agrees that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Id. at 5 (citing 42 C.F.R. §§ 100.3(a), 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-01753-UNJ Document 19 Filed 06/27/25 Page 2 of 2 (c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. (internal citations omitted). 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-01753-cl-extra-11085494 Date issued/filed: 2025-06-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10618906 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1753V MELISSA WEBER, Chief Special Master Corcoran Petitioner, v. Filed: May 28, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Christopher Williams, Siri & Glimstad, LLP, New York, NY, for Petitioner. Rochelle Ilana Gillenson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 25, 2024, Melissa Weber 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 (“SIRVA”) as the result of a tetanus-diphtheria-acellular pertussis vaccination received on October 2, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 27, 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 agrees that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Id. at 5 (citing 42 C.F.R. §§ 100.3(a), 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). (c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. (internal citations omitted). 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-01753-cl-extra-11296580 Date issued/filed: 2026-03-26 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10829804 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1753V MELISSA WEBER, Chief Special Master Corcoran Petitioner, v. Filed: February 4, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Christopher Williams, Siri & Glimstad, LLP, New York, NY, for Petitioner. Rochelle Ilana Gillenson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On October 25, 2024, Melissa Weber 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 (“SIRVA”) following receipt of a tetanus-diphtheria-acellular pertussis vaccination administered on October 2, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 28, 2025, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On February 3, 2026, Respondent filed a Proffer on an award of compensation (“Proffer”). Respondent represented that Petitioner agrees with 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). the proffered award. Id. at 1-2. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached proffer, Petitioner is awarded a lump sum of $40,182.67 (representing $40,000.00 for pain and suffering, and $182.67 for past unreimbursable expenses) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Proffer at 2. This amount represents compensation for all damages that would be available under Section 15(a). Id. at 2. 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MELISSA WEBER, Petitioner, v. No. 24-1753V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION1 On October 25, 2024, Melissa Weber (“petitioner”) filed a petition for compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended (“Act”). She alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, following receipt of a tetanus- diphtheria-acellular pertussis (“Tdap”) vaccine administered on October 2, 2022. See Petition. On May 27, 2025, the Secretary of Health and Human Services (“respondent”) filed his Vaccine Rule 4(c) report, concluding that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury. See ECF No. 15. On May 28, 2025, Chief Special Master Corcoran issued a ruling on entitlement, finding petitioner entitled to compensation for a SIRVA Table injury. See ECF No. 17. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded the following: 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. A. Pain and Suffering Respondent proffers that petitioner should be awarded $40,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). 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 $182.67. 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 The parties recommend that compensation provided to petitioner should be made through a lump sum payment, as described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:2 A lump sum payment of $40,182.67 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Melissa Weber. Petitioner is a competent adult. Proof of guardianship is not required in this case. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division 2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 2 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division s/ Rochelle I. Gillenson ROCHELLE I. GILLENSON 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) 616-4267 E-mail: rochelle.gillenson@usdoj.gov DATED: February 3, 2026 3