VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00418
Package ID: USCOURTS-cofc-1_25-vv-00418
Petitioner: Marcy Tavano
Filed: 2025-03-04
Decided: 2025-11-20
Vaccine: influenza
Vaccination date: 2023-09-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 74561.35

AI-assisted case summary:
On March 4, 2025, Marcy Tavano filed a petition, amended on April 10, 2025, alleging that an influenza vaccination administered on September 28, 2023 caused a shoulder injury related to vaccine administration.

Respondent conceded entitlement, agreeing that Ms. Tavano had no prior left-shoulder pain or dysfunction, that pain occurred within 48 hours, that pain and reduced range of motion were limited to the vaccinated shoulder, that no other condition explained the pain, and that residual effects lasted more than six months. The public documents do not describe the clinical course beyond those Table findings.

Chief Special Master Corcoran found entitlement on October 20, 2025. On November 20, 2025, he awarded $74,561.35, consisting of $70,000.00 for pain and suffering and $4,561.35 for past unreimbursable expenses.

Theory of causation field:
Adult petitioner; influenza vaccine September 28, 2023; left Table SIRVA. COMPENSATED. Respondent conceded entitlement; public text lacks clinical chronology. Entitlement October 20, 2025; damages November 20, 2025. Award $74,561.35 = $70,000 pain/suffering + $4,561.35 expenses. Petition filed March 4, 2025; amended April 10, 2025.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-00418-0
Date issued/filed: 2025-11-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/20/2025 ) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:25-vv-00418-UNJ Document 31 Filed 11/20/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0418V
MARCY TAVANO, Chief Special Master Corcoran
Petitioner, Filed: October 20, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 4, 2025, Marcy Tavano filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”), which she amended on April 10, 2025. Petitioner alleges that she suffered
a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza
vaccine received on September 28, 2023. Amended Petition at 1. Petitioner further
alleges that the vaccine was administered in the United States, she suffered the residual
effects of her injury for more than six months, and no lawsuits have been filed or
settlements or awards accepted by anyone, including Petitioner, due to her vaccine-
related injury. Amended Petition at ¶¶ 22-24. 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-00418-UNJ Document 31 Filed 11/20/25 Page 2 of 2
On October 17, 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 ROM
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 5.
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

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DOCUMENT 2: USCOURTS-cofc-1_25-vv-00418-1
Date issued/filed: 2025-12-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/20/2025) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:25-vv-00418-UNJ Document 36 Filed 12/23/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0418V
MARCY TAVANO, Chief Special Master Corcoran
Petitioner, Filed: November 20, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 4, 2025, Marcy Tavano filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”), which she amended on April 10, 2025. Petitioner alleges that she suffered
a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza
vaccine received on September 28, 2023.Amended Petition at 1.The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On October 20, 2025,a ruling on entitlementwas issued, finding Petitioner entitled
to compensationfor SIRVA. On November 20, 2025,Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $74,561.35. Proffer
at 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.
1Because 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.
2National 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-00418-UNJ Document 36 Filed 12/23/25 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $74,561.35 (comprised of $70,000.00 for pain and suffering and
$4,561.35 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).
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-00418-UNJ Document 36 Filed 12/23/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARCY TAVANO,
Petitioner,
No. 25-418V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 4, 2025, Marcy Tavano (“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 an
influenza (“flu”) vaccination received on September 28, 2023. Petition at 1. On October 17,
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 October 20, 2025, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 23, 24.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $70,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:25-vv-00418-UNJ Document 36 Filed 12/23/25 Page 4 of 5
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 $4,561.35. 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
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 $74,561.35 to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Marcy Tavano: $74,561.35
Respectfully submitted,
BRETT SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
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-00418-UNJ Document 36 Filed 12/23/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ J. Travis Williamson
J. TRAVIS WILLIAMSON
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) 598-1099
Jay.T.Williamson@usdoj.gov
DATED: November 20, 2025
3