# Tailor v. Secretary of Health and Human Services > United States Court of Federal Claims · June 9, 2025 URL: https://www.frixlaw.com/law-library/cases/11067805 ## Case - **Court:** United States Court of Federal Claims - **Decided:** June 9, 2025 - **Precedential status:** Unpublished - **Opinion:** Opinion - **Judges:** Brian H. Corcoran - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11067805 ## Opinion text 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. Page 1 of 5 "!$# $ $     $   $  3@ogdb?@bp}?@bS@o}pR>Tb@}>vii@bq}?To>Tb@j@\ToTdb} oRdu\?} =B} @bq@i@?} dag@boiT=@?}Tb}gpT>pTbQ}ToTdb}>dboTopCbq}zTqR qR@} p@iao}dE} qRTo} 4pTgv]qTdb}qd}i@>@Ty@}>dag@boi@p@o}zT\\}Toov@}pR@} N\\dzTbQ}y<>>TbA}>dag@bodvbo@\o},0.6}%}<>>dubp}Gej}gjdagp}?To=vjo@a@bq}qd}gBpTqTdb@i} 7RTo}dag@boqT>pTdb}pd}jD>CTy@}>dag@bo@@?TbQo}=@Gej@} qR@ og@>Tdopo} Tb>vli@?} Tb} gjd>@@?TbQ} ugdb} pRTo} g@qTpTdb} `}} 1@pTqVdb@i}@o}dE}g@o}Gei}zRT>R}pR@}2jdQi\u?TbQ}4qdag@bo@}gd\T>T@o})@?@jTvkTq{}%>q}}84(} |} "} @p} o@h }di}@bpTqT@o}pR@o}db}<}gj@g