VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00214 Package ID: USCOURTS-cofc-1_13-vv-00214 Petitioner: Isidra Durwin Filed: 2016-02-01 Decided: 2016-02-01 Vaccine: Tdap Vaccination date: 2011-12-22 Condition: pain, tendonitis, bursitis, and adhesive capsulitis Outcome: compensated Award amount USD: 195000 AI-assisted case summary: Petitioner Isidra Durwin filed a petition on February 1, 2016, alleging that she suffered a vaccine-related injury to her left arm, specifically pain, tendonitis, bursitis, and adhesive capsulitis, caused by a tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on December 22, 2011. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Ms. Durwin's alleged injuries. Despite the respondent's denial, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Ms. Durwin compensation in the amount of $195,000.00, representing reimbursement for all damages available under the National Vaccine Injury Compensation Program. The award was to be paid as a lump sum via check to Ms. Durwin. The decision was issued on February 1, 2016. Petitioner was represented by Danielle A. Strait, and respondent was represented by Julia W. McInerny. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert testimony. Theory of causation field: Petitioner Isidra Durwin alleged that a Tdap vaccine administered on December 22, 2011, caused a vaccine-related injury to her left arm, described as pain, tendonitis, bursitis, and adhesive capsulitis. The respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding $195,000.00 as a lump sum to petitioner. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00214-0 Date issued/filed: 2016-02-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/01/2016) regarding 50 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00214-UNJ Document 54 Filed 02/22/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-214V Filed: February 1, 2016 Not for Publication ************************************* ISIDRA DURWIN, * * Petitioner, * Damages decision based on * stipulation; tetanus-diphtheria- v. * acellular pertussis (Tdap) vaccine; * vaccine-related arm injury; SECRETARY OF HEALTH * tendonitis; bursitis; adhesive AND HUMAN SERVICES, * capsulitis * Respondent. * * ************************************* Danielle A. Strait, Washington, DC, for petitioner. Julia W. McInerny, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On February 1, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered a vaccine- related injury to her left arm described as pain, tendonitis, bursitis, and adhesive capsulitis that was caused by her December 22, 2011 receipt of tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine. Respondent denies that Tdap vaccine caused petitioner’s left arm injury or any other injury. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:13-vv-00214-UNJ Document 54 Filed 02/22/16 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $195,000.00, representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check payable to petitioner in the amount of $195,000.00. 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.2 IT IS SO ORDERED. Dated: February 1, 2016 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:13-vv-00214-UNJ Document 54 Filed 02/22/16 Page 3 of 7 Case 1:13-vv-00214-UNJ Document 54 Filed 02/22/16 Page 4 of 7 Case 1:13-vv-00214-UNJ Document 54 Filed 02/22/16 Page 5 of 7 Case 1:13-vv-00214-UNJ Document 54 Filed 02/22/16 Page 6 of 7 Case 1:13-vv-00214-UNJ Document 54 Filed 02/22/16 Page 7 of 7