VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00635 Package ID: USCOURTS-cofc-1_25-vv-00635 Petitioner: Suzette Fazekas Filed: 2025-04-11 Decided: 2026-01-30 Vaccine: tetanus, diphtheria, and acellular pertussis (Tdap) Vaccination date: 2023-08-07 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 102500 AI-assisted case summary: On April 11, 2025, Suzette Fazekas filed a petition alleging that a Tdap vaccine administered on August 7, 2023 caused a shoulder injury related to vaccine administration. Respondent conceded entitlement, and Chief Special Master Brian H. Corcoran found on October 31, 2025 that Ms. Fazekas had established a Table SIRVA and met the legal prerequisites for compensation. The public entitlement ruling and proffer do not provide a detailed treatment chronology, imaging, injections, therapy, or daily-life limitations. On January 30, 2026, the Chief Special Master adopted the parties' proffer and awarded $102,500.00 for pain and suffering. Payment was directed through counsel's IOLTA account, and guardianship proof was not required because Ms. Fazekas was a competent adult. She was represented by Leah V. Durant. Theory of causation field: Tdap vaccine on August 7, 2023 causing SIRVA; adult self-filed petitioner, exact age not stated; onset within Table window. ENTITLEMENT CONCEDED; COMPENSATED. Public text gives limited clinical chronology. Award $102,500 pain and suffering. Chief SM Brian H. Corcoran; petition April 11, 2025; entitlement October 31, 2025; damages January 30, 2026. Attorney Leah V. Durant. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00635-0 Date issued/filed: 2025-12-04 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/31/2025) regarding 17 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00635-UNJ Document 20 Filed 12/04/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0635V SUZETTE FAZEKAS, Chief Special Master Corcoran Petitioner, v. Filed: October 31, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Rochelle Ilana Gillenson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 11, 2025, Suzette Fazekas 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 she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on August 7, 2023. Petition at 1, ¶¶ 1, 16. Petitioner also alleged that she received the vaccine within the United States, that she suffered the residual effects of her SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA, 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-00635-UNJ Document 20 Filed 12/04/25 Page 2 of 2 alleged as vaccine caused. Id. at ¶¶ 1, 16-17. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 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 has concluded “that [P]etitioner’s alleged injury is consistent with ISRVA as defined by the Vaccine Injury Table.” Id. at 6. Respondent further agrees that based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 7. 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-00635-1 Date issued/filed: 2026-03-09 Pages: 5 Docket text: r appropriate means as provided by RCFC 5(b)(2) Modified on 3/10/2026 (ep).PUBLIC DECISION (Originally filed: 01/30/2026) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made outside CM/ECF via othe -------------------------------------------------------------------------------- Case 1:25-vv-00635-UNJ Document 28 Filed 03/09/26 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-635V SUZETTE FAZEKAS, Chief Special Master Corcoran Petitioner, Filed: January 30, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Rochelle Ilana Gillenson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 11, 2025, Suzette Fazekas 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”), a defined Table injury, after receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on August 7, 2023. Petition at 1, ¶¶ 1, 16. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 31, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On January 26, 2026, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $102,500.00 in pain and suffering. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner 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-00635-UNJ Document 28 Filed 03/09/26 Page 2 of 5 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $102,500.00 (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 1:25-vv-00635-UNJ Document 28 Filed 03/09/26 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS SUZETTE FAZEKAS, Petitioner, v. No. 25-635V (ECF) Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION1 On April 11, 2025, Suzette Fazekas (“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”), as amended, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) following a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination she received on August 7, 2023. Petition at 1 (ECF No. 1). On October 27, 2025, the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury. ECF No. 15. On October 31, 2025, the Chief Special Master issued a Ruling on Entitlement finding that petitioner is entitled to vaccine compensation. ECF No. 17. I. Items of Compensation Based on the evidence of record, respondent proffers that petitioner should be awarded $102,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 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-00635-UNJ Document 28 Filed 03/09/26 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/Recommended Payment The parties recommend that the compensation provided to petitioner should be made through one 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 $102,500.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Suzette Fazekas. 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 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division JULIA M. COLLISON Assistant 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 medical expenses, future lost earnings, and future pain and suffering. 2 Case 1:25-vv-00635-UNJ Document 28 Filed 03/09/26 Page 5 of 5 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: January 26, 2026 3