VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00239
Package ID: USCOURTS-cofc-1_25-vv-00239
Petitioner: Nakia Payton
Filed: 2025-02-10
Decided: 2025-10-03
Vaccine: Tdap
Vaccination date: 2024-02-19
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 36650

AI-assisted case summary:
On February 10, 2025, Nakia Payton filed a petition alleging that a tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on February 19, 2024 caused a right shoulder injury related to vaccine administration. The case proceeded in the Special Processing Unit.

Respondent filed a Rule 4(c) report on September 8, 2025 conceding that Ms. Payton was entitled to compensation for a Table SIRVA. Chief Special Master Brian H. Corcoran granted entitlement on September 9, 2025. The public entitlement ruling is short and does not describe the onset interval, treatment course, imaging, functional limits, or expert testimony beyond respondent's concession.

Damages were resolved by proffer. On October 3, 2025, Chief Special Master Corcoran awarded Ms. Payton a lump sum of $36,650.00, consisting of $36,500.00 for pain and suffering and $150.00 for past unreimbursable expenses, paid through counsel's IOLTA account.

Theory of causation field:
Tdap vaccine, February 19, 2024, right SIRVA. ENTITLEMENT GRANTED September 9, 2025 after respondent conceded Table SIRVA/legal prerequisites in Rule 4(c). COMPENSATED October 3, 2025. Public rulings do not describe onset details beyond Table concession or clinical treatment. Award: $36,650 total ($36,500 pain and suffering + $150 past unreimbursable expenses), ACH to counsel IOLTA. Chief Special Master Corcoran. Attorney Paul R. Brazil; respondent Sara DeStefano.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-00239-0
Date issued/filed: 2025-10-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/09/2025) regarding 16 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:25-vv-00239-UNJ Document 24 Filed 10/10/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0239V
NAKIA PAYTON, Chief Special Master Corcoran
Petitioner,
v. Filed: September 9, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 10, 2025, Nakia Payton 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 right shoulder injury related to
vaccine administration (“SIRVA”) as the result of a tetanus-diphtheria-acellular pertussis
vaccination received on February 19, 2024. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 8, 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 4-5 (citing 42 C.F.R. §§ 100.3(a),
(c)(10)). Respondent further agrees that Petitioner suffered the residual effects of her
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 1:25-vv-00239-UNJ Document 24 Filed 10/10/25 Page 2 of 2
condition for more than six months, and that Petitioner has satisfied all legal prerequisites
for compensation under the Vaccine Act. Id. at 5 (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

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DOCUMENT 2: USCOURTS-cofc-1_25-vv-00239-1
Date issued/filed: 2025-11-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/03/2025) regarding 19 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:25-vv-00239-UNJ Document 25 Filed 11/03/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0239V
NAKIA PAYTON, Chief Special Master Corcoran
Petitioner,
v. Filed: October 3, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On February 10, 2025, Nakia Payton 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 right shoulder injury related to
vaccine administration (“SIRVA”) as the result of a tetanus-diphtheria-acellular pertussis
vaccination received on February 19, 2024. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 9, 2025, a Ruling on Entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On October 3, 2025, Respondent filed a Proffer on
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).

Case 1:25-vv-00239-UNJ Document 25 Filed 11/03/25 Page 2 of 5
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 $36,650.00 (representing $36,500.00 for pain and suffering, and $150.00 for
past unreimbursable 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).
Proffer 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

Case 1:25-vv-00239-UNJ Document 25 Filed 11/03/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
NAKIA PAYTON,
Petitioner,
No. 25-239V
Chief Special Master Corcoran
v.
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
On February 10, 2025, Nakia Payton (“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 sustained a right shoulder injury related to vaccine
administration (“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, following
receipt of a tetanus, diphtheria, and pertussis (“Tdap”) vaccination administered on February 19,
2024. Petition at 1, 3; Exhibit (“Ex.”) 1 at 1.
On September 8, 2025, the Secretary of Health and Human Services (“respondent”) filed
a Rule 4(c) Report concluding that this case is appropriate for compensation under the terms of
the Act for a SIRVA Table injury, and on September 9, 2025, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 16.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:25-vv-00239-UNJ Document 25 Filed 11/03/25 Page 4 of 5
the following:
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $36,500.00 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 $150.00. 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/Recommended Payment
The parties recommend that the 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 following2:
A lump sum payment of $36,650.00 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner, Nakia Payton.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
2 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 1:25-vv-00239-UNJ Document 25 Filed 11/03/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ Sara DeStefano
SARA DESTEFANO
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) 307-6545
E-mail: sara.destefano@usdoj.gov
DATED: October 3, 2025
3