VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-02081 Package ID: USCOURTS-cofc-1_24-vv-02081 Petitioner: Lynne Carroll Filed: 2024-12-18 Decided: 2025-09-09 Vaccine: tetanus Vaccination date: 2024-05-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 67500 AI-assisted case summary: Lynne Carroll filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that a tetanus vaccination she received on May 15, 2024, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). She further alleged that her injury resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records and conceded that Carroll is entitled to compensation. The respondent determined that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting 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 confirmed that the residual effects lasted for more than six months. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement. Subsequently, the parties stipulated to an award of damages. The court awarded Lynne Carroll a lump sum payment of $67,500.00 for pain and suffering, to be paid through her counsel's IOLTA account. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-02081-0 Date issued/filed: 2025-09-09 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/30/2025) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-02081-UNJ Document 31 Filed 09/09/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2081V LYNNE CARROLL, Chief Special Master Corcoran Petitioner, Filed: July 30, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Alison Haskins, Siri & Glimstad, LLP, Aventura, FL, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 18, 2024, Lynne Carroll 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 vaccination that she received on May 15, 2024. Petition at 1, ¶ 16. 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. See 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-02081-UNJ Document 31 Filed 09/09/25 Page 2 of 2 On July 30, 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 medical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services (“DICP”) have reviewed the petition and medical records filed in this case and has concluded that compensation is appropriate. DICP has determined 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 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 record evidence, petitioner has satisfied all legal prerequisites for compensation under the Act. See 42 U.S.C. § 300aa- 13(a)(1)(B); id. § 300aa-11(c)(1)(D)(i). Id. at 4. 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-02081-1 Date issued/filed: 2025-09-09 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 08/05/2025) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-02081-UNJ Document 32 Filed 09/09/25 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2081V LYNNE CARROLL, Chief Special Master Corcoran Petitioner, Filed: August 5, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Alison Haskins, Siri & Glimstad, LLP, Aventura, FL, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 18, 2024, Lynne Carroll 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 vaccination that she received on May 15, 2024. Petition at 1, ¶ 16. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 30, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On August 4, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $67,500.00 in pain and suffering. Proffer at 1. 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-02081-UNJ Document 32 Filed 09/09/25 Page 2 of 4 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $67,500.00 (representing pain and suffering), 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-02081-UNJ Document 32 Filed 09/09/25 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) LYNNE CARROLL, ) ) Petitioner, ) No. 24-2081V ) Chief Special Master Brian H. Corcoran v. ) ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 18, 2024, Lynne Carroll (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 ( “Act”), alleging that a May 15, 2024 tetanus vaccination caused her to suffer a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. Petition at 1. On July 30, 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. ECF No. 20. Later on July 30, 2025, the Court issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 21. I. Compensation Based on the evidence of record, respondent proffers that petitioner should be awarded $67,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:24-vv-02081-UNJ Document 32 Filed 09/09/25 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 Court’s decision and judgment award the following: a lump sum payment of $67,500.00, to be paid through an ACH deposit to petitioner’s counsel IOLTA account for prompt disbursement to petitioner.1 Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON, JR. Assistant Director Torts Branch, Civil Division /s/ Rachelle P. Bishop RACHELLE P. BISHOP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-3662 Rachelle.P.Bishop@usdoj.gov Dated: August 4, 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 unreimbursed expenses, future lost earnings, and future pain and suffering. 2