The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-1820V
SHEELA TAILOR, Chief Special Master Corcoran
Petitioner, Filed: May 6, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Kelly Elizabeth Elder, Martin & Jones, PLLC, Raleigh, NC, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION 1
On December 13, 2022, Sheela Tailor 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”) following a Tdap vaccine she received on January 15, 2021.
Petition at 1; Stipulation, filed at May 5, 2025, ¶¶ 2, 4. Petitioner further alleges that she
has suffered the residual effects of her vaccine-related injury for more than six months.
Petition at ¶ 12; Stipulation at ¶ 4. “Respondent denies that Petitioner suffered the onset
of her alleged SIRVA within the Table timeframe; denies that the Tdap vaccine caused
Petitioner’s alleged shoulder injury or any other injury and further denies that her current
disabilities are a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
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).
Nevertheless, on May 5, 2025, the parties filed the attached joint stipulation, 3
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $65,000.00, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation
at ¶ 8. This amount represents compensation for all items of damages that would
be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to
enter judgment in accordance with this decision. 4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3
The filed Stipulation included an electronic signature page that has been removed from the attached to
protect the confidential information of the signers.
4 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
Docusign Envelope ID: 469O3417 -674B-4 729-ACF5-88A67DEE0C2E
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SHEELA TAILOR,
Petitioner, No. 22- l 820V
Chief Special Master Corcoran
V. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES ,
Respondent.
STJPULATION
The pa11ies hereby stipulate to the following matters:
1. Petitioner, Sheela Tailor, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program , 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine Program"). The
petition seeks compensation for injuries allegedly related to petitioner' s receipt of the Tetanus-
diphtheria-acellular pertussis ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury
Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received a Tdap vaccine on or about January 15 , 2021.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration
("SIRVA") as a consequence of the Tdap immunization she received on or about January 15 , 2021,
and further alleges that she suffered the residual effects of this injury for more than six months .
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
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Docusign Envelope ID : 469D3417-67 46-4 729-ACF5-88A67DEE0C2E
11. Payment made pursuant to paragraph 8 of this Stipu lation and any amounts awarded
pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject to the
availability of sufficient statutory funds.
12. The parties and their attorneys fu1ther agree and stipu late that, except for any award
for attorneys' fees and litigation costs , and past unreimbursable expenses , the money provided
pursuant to this St ipul ation wi ll be used so lely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d) , and subject to the conditions of 42 U.S.C.
§ 300aa- l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual
capacity, and on behalf of her heirs, executors , admin istrators , successors, and assigns, does
forever irrevocably and unconditionally re lease, acquit and discharge the United States and the
Secretary of Health and Human Services from any and all actions or causes of action (inc luding
agreements, judgments, claims, damages, loss of serv ices, expenses and all demands of whatever
kind or nature) that have been brought, cou ld have been brought, or cou ld be timely brought in the
United States Cou1t of Federal Claims, under the National Vacc ine [njury Compensation Program ,
42 U.S.C. § 300aa- l 0 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resu lting from, or
all eged to have resulted from, the Tdap vaccination administered on or about January 15 , 2021, as
alleged by petitioner in a petition for vaccine compensation filed on or about December 13 , 2022,
in the United States Co u1t of Federa l Claims as petition No. 22- l 820V.
14. If petitioner should die prior to entry of judgment, this agreement shal l be voidab le
upon proper notice to the Court on behalf of either or both of the parties.
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Docus ign Envelope ID 469D3417 -674 8 -4 729-ACF5-88A67DEE0C2E
15. If the spec ial mas ter fa il s to iss ue a dec ision in compl ete confo rmity with th e term s of
thi s Stipulati on or if the United States Cou1i of Federa l Claim s fa ils to enter judgment in
confo rmity with a deci sion that is in complete co nfo rmi ty with the terms of th is Sti pul ation, then
the parties' settlement and thi s St ipulati on shall be vo idabl e at the so le di screti on of eithe r paiiy .
16. This Stipul ati on ex presses a full and co mplete negot iated settl ement of li ability and
da mages claimed under the Nati onal Childhood Vacc ine Inj ury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is abso lute ly no ag reement on the part of the
parti es hereto to make any payme nt or do any act or th ing other than is herein express ly stated and
clearl y agreed to . The paiiies fu rther agree and understand that the award described in thi s
St ipul at ion may refl ect a compromi se of the patiies' respect ive pos iti ons as to li abili ty and/or
amount of damages, and furth er, that a change in th e nature of the injury or conditi on or in the
items of co mpensati on so ught, is not gro unds to modi fy or rev ise thi s agree ment.
17. Thi s Sti pulation shall not be construed as an adm iss ion by the United States or the
Sec retary of Hea lth and Hum an Services that the Td ap vacc ine caused petitioner's alleged shoulder
injury or any other injury or any of her current di sabilities.
18. All ri ghts and obli gati ons of petiti oner hereund er shall appl y equall y to petiti oner's
heirs, exec utors, admini strators, successors, and/or ass igns.
END OF STIPULATION
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Docusign Envelope ID : 46903417 -67 4B-4 729-ACF5 -88A67DEE0C2E
Respectfully submitted,
PETITIONER:
SHEELA TAILOR
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITI 1 R· OF THE ATTORl'\IEY GENERAL:
HEATHER L. PEARLMAN
MARTIN & JONES PLLC Deputy Director
4140 Parklake Avenue, Suite 400 Torts Branch
Ralei gh, NC 27612 Civil Division
Tel: (919) 821-0005 U.S. Department of Justice
kee@m-j .co m P.O. Box 146
Benjamin Franklin Station
Washington , DC 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:
Jeffreys. ~i~~:~l~~;gn ed byJeffrey ,}-{.~ f3Cp-tVl~fi-i
Bea Ch -S Date: 2025.04.29 10:54:58
for
-04'oo· ~ ~~ L - P < ~
CAPT GEORGE REED GRIMES , MD, MPH MALLORI B. OPENCHOWSKI
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, D.C. 20044-0146
and Human Services Tel: (202) 305-0660
5600 Fishers Lane, 08W-25A mal lori. b.openchowski@usdoj.gov
Rockville, MD 20857
Dated : Q.S I o.s lun.s
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