VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00160 Package ID: USCOURTS-cofc-1_13-vv-00160 Petitioner: Jacquelyne Estes Filed: 2014-01-24 Decided: 2014-01-24 Vaccine: Tdap Vaccination date: 2010-03-06 Condition: arm injury Outcome: compensated Award amount USD: 55000 AI-assisted case summary: Jacquelyne Estes filed a petition on January 24, 2014, alleging that she suffered an arm injury as a result of receiving a Tdap vaccination on March 6, 2010. The respondent denied that the vaccine caused the alleged injury. However, both parties agreed to settle the case through a stipulation filed on January 24, 2014. The stipulation awarded Jacquelyne Estes a lump sum payment of $55,000.00 as compensation for all damages. The Special Master reviewed the file and found the stipulation to be reasonable, adopting it as the decision of the proceeding and approving the award. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00160-0 Date issued/filed: 2014-01-24 Pages: 7 Docket text: PUBLIC DECISION Signed by Special Master Brian Corcoran. (tjk) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00160-UNJ Document 28 Filed 01/24/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-160V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JACQUELYNE ESTES * * Filed: January 24, 2014 Petitioner, * * Decision by Stipulation; Damages; v. * Tetanus Diphtheria Acellular * Pertussis (Tdap); Arm Injury SECRETARY OF HEALTH AND * HUMAN SERVICES * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Gil L. Daley, II, Fort Worth, TX, for Petitioner Justine Daigneault, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On March 4, 2013, Petitioner Jacquelyne Estes filed a petition seeking compensation under the National Vaccine Injury Compensation Program, (Athe Vaccine Program@).2 Petitioner is alleging that she suffered an injury to her arm resulting from the receipt of a tetanus diphtheria acellular pertussis (“Tdap”) vaccination on March 6, 2010. 1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, “the entire” decision will be available to the public. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002) (“Vaccine Act”). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. Case 1:13-vv-00160-UNJ Document 28 Filed 01/24/14 Page 2 of 7 Respondent denies that petitioner’s alleged injuries were caused by the receipt of the Tdap vaccine. Nonetheless, both parties, while maintaining the above positions, agreed in a stipulation filed January 24, 2014 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file and, based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt the stipulation as the decision of this proceeding in awarding damages, on the terms set forth therein. The stipulation awards: A lump sum payment of $55,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a); Stipulation ¶ 8. I therefore approve a Vaccine Program award to be made to Petitioner in the amount set forth above. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. Case 1:13-vv-00160-UNJ Document 28 Filed 01/24/14 Page 3 of 7 Case 1:13-vv-00160-UNJ Document 28 Filed 01/24/14 Page 4 of 7 Case 1:13-vv-00160-UNJ Document 28 Filed 01/24/14 Page 5 of 7 Case 1:13-vv-00160-UNJ Document 28 Filed 01/24/14 Page 6 of 7 Case 1:13-vv-00160-UNJ Document 28 Filed 01/24/14 Page 7 of 7