VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00245 Package ID: USCOURTS-cofc-1_25-vv-00245 Petitioner: Meghan Thibodeau Filed: 2025-02-11 Decided: 2025-09-30 Vaccine: Hepatitis B Vaccination date: 2024-03-11 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: On February 11, 2025, Meghan Thibodeau filed a petition seeking compensation for a left shoulder injury after a Hepatitis B vaccination on March 11, 2024. The damages proffer identifies her as a competent adult. Respondent conceded entitlement. The Rule 4(c) report stated that her injury was consistent with the Vaccine Injury Table definition of SIRVA: she had no prior left shoulder pain, inflammation, or dysfunction; pain occurred within 48 hours; pain and reduced range of motion were limited to the vaccinated shoulder; no other condition explained the symptoms; and the residual effects lasted more than six months. The public rulings do not describe her first symptom in more detail, her treatment, imaging, therapy, or functional limits. Chief Special Master Brian H. Corcoran granted entitlement on September 29, 2025 and awarded damages on September 30, 2025. Ms. Thibodeau received $30,000.00 for pain and suffering, paid through counsel's IOLTA account. She was represented by Wendy Cox of Siri & Glimstad, LLP. Theory of causation field: Hepatitis B vaccine, March 11, 2024, competent adult, alleged left SIRVA. COMPENSATED after respondent conceded Table SIRVA. Concession: no prior left shoulder pain/inflammation/dysfunction, pain within 48 hours, pain and reduced ROM limited to the vaccinated shoulder, no other condition explaining symptoms, residual effects longer than six months. Public record does not provide detailed clinical treatment or imaging. Award: $30,000 pain/suffering lump sum by ACH to counsel IOLTA. Chief Special Master Corcoran entitlement September 29, 2025 and damages September 30, 2025. Attorney Wendy Cox; respondent Sara DeStefano. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00245-0 Date issued/filed: 2025-10-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/29/2025) regarding 16 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00245-UNJ Document 25 Filed 10/30/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0245V MEGHAN THIBODEAU, Chief Special Master Corcoran Petitioner, Filed: September 29, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Wendy Cox, Siri & Glimstad, LLP, Austin, TX, for Petitioner. Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 11, 2025, Meghan Thibodeau 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 Hepatitis B vaccine received on March 11, 2024. Petition at 1-6. Petitioner further alleges that the vaccine was administered in the United States, her injuries have lasted more than six months, and neither Petitioner, nor any other party, has ever brought an action, or received compensation in the form of an award or settlement, for her vaccine-related injuries. Petition at ¶¶ 5, 14, 17, 18. 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 1:25-vv-00245-UNJ Document 25 Filed 10/30/25 Page 2 of 2 On September 26, 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 in that “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 [were] 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.” Id. at 4. Respondent further agrees that the records indicate that Petitioner suffered the residual effects of her condition for more than six months, and has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. 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_25-vv-00245-1 Date issued/filed: 2025-10-30 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/30/2025) regarding 19 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00245-UNJ Document 26 Filed 10/30/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0245V MEGHAN THIBODEAU, Chief Special Master Corcoran Petitioner, Filed: September 30, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Wendy Cox, Siri & Glimstad, LLP, Austin, TX, for Petitioner. Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 11, 2025, Meghan Thibodeau 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 Hepatitis B vaccine received on March 11, 2024. Petition at 1-6. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 29, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On September 29, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $30,000.00. Proffer at 1-2. 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 1:25-vv-00245-UNJ Document 26 Filed 10/30/25 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $30,000.00 (in 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 1:25-vv-00245-UNJ Document 26 Filed 10/30/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MEGHAN THIBODEAU, Petitioner, No. 25-245V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 11, 2025, Meghan Thibodeau (“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, 42 C.F.R. § 100.3, as the result of a Hepatitis B vaccination received on March 11, 2024. Petition at 1-2, 4. On September 26, 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 September 29, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 16. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $30,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:25-vv-00245-UNJ Document 26 Filed 10/30/25 Page 4 of 5 This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 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 following1: a lump sum payment of $30,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Meghan Thibodeau. 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 JULIA M. COLLISON Assistant Director Torts Branch, Civil Division 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 Case 1:25-vv-00245-UNJ Document 26 Filed 10/30/25 Page 5 of 5 /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: September 29, 2025 3