VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00648
Package ID: USCOURTS-cofc-1_13-vv-00648
Petitioner: Lori Baca
Filed: 2013-09-06
Decided: 2014-09-02
Vaccine: Tdap
Vaccination date: 2010-09-15
Condition: shoulder injury related to vaccine administration (SIRVA), including adhesive capsulitis or “frozen shoulder.”
Outcome: compensated
Award amount USD: 77423

AI-assisted case summary:
Petitioner Lori Baca filed a petition on September 6, 2013, alleging that a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccination received on September 15, 2010, caused her to suffer a shoulder injury related to vaccine administration (SIRVA), including adhesive capsulitis, also known as "frozen shoulder." Petitioner also alleged that she experienced residual effects of the injury for more than six months and that there had been no prior award or settlement for damages related to her condition. The respondent, the Secretary of Health and Human Services, filed a joint stipulation on August 4, 2014. In this stipulation, both parties agreed that petitioner suffered a SIRVA from the Tdap vaccination and that the evidence did not show her condition was due to a factor unrelated to the vaccine. The parties also agreed that the other elements of eligibility for compensation had been established. Special Master Christian J. Moran reviewed the joint stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded compensation in the form of a lump sum of $77,422.69, payable to Lori Baca, representing all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $11,718.46 was awarded for attorneys' fees and costs, payable to both petitioner and her attorney, Randall Knutson of Farrish Johnson Law Office. No out-of-pocket expenses were incurred by the petitioner. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The attorneys involved were Randall Knutson for the petitioner and Julia McInerny for the respondent.

Theory of causation field:
Lori Baca alleged that a Tdap vaccination administered on September 15, 2010, caused a shoulder injury related to vaccine administration (SIRVA), including adhesive capsulitis or "frozen shoulder," with residual effects lasting over six months. The parties entered into a joint stipulation agreeing that petitioner sustained a SIRVA from the Tdap vaccine and that no preponderance of evidence indicated an unrelated cause. Special Master Christian J. Moran adopted this stipulation, finding entitlement established. Compensation was awarded as a lump sum of $77,422.69 for damages and $11,718.46 for attorneys' fees and costs. Petitioner's counsel was Randall Knutson; respondent's counsel was Julia McInerny. The specific mechanism of injury and expert testimony are not detailed in the public decision, which relies on the parties' stipulation.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00648-0
Date issued/filed: 2014-09-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/11/2014) regarding 25 DECISION Stipulation; DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00648-UNJ Document 29 Filed 09/02/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
LORI BACA, *
* No. 13-648V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: August 11, 2014
*
SECRETARY OF HEALTH * Stipulation; Tetanus-Diphtheria-
AND HUMAN SERVICES, * acellular Pertussis (“Tdap”) vaccine,
* shoulder injury (“SIRVA”); attorneys’
Respondent. * fees and costs.
* * * * * * * * * * * * * * * * * * * * *
Randall Knutson, Farrish Johnson Law Office, Mankato, MN, for Petitioner;
Julia McInerny, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On August 4, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by Lori Baca on September 6, 2013. In her
petition, Ms. Baca alleged that the tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), and which she received on September 15, 2010, caused her to suffer a
shoulder injury related to vaccine administration (“SIRVA”). This includes but is
not limited to, petitioner’s adhesive capsulitis or “frozen shoulder.” Petitioner
further alleges that she experienced the residual effects of her injury for more than
six months. Petitioner represents that there has been no prior award or settlement
of a civil action for damages as a result of her condition.
The parties agreed that petitioner suffered a shoulder injury to vaccine
administration (“SIRVA”) from the administration of the Tdap vaccine. Likewise,
the parties agreed that there is not a preponderance of evidence demonstrating that
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00648-UNJ Document 29 Filed 09/02/14 Page 2 of 7
petitioner’s condition is due to a factor unrelated to her September 15, 2010 Tdap
vaccination. The other elements of eligibility for compensation have also been
established. See 42 U.S.C. § 300aa—11(c), 13. Consequently, the stipulation
states “petitioner is entitled to compensation.”
The parties have also agreed upon the amount of compensation to which the
petitioner is entitled. The parties presented the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages and attorneys’ fees and costs, on the
terms set forth therein.
Compensation awarded in that stipulation includes:
A. A lump sum of $77,422.69 in the form of a check payable to Lori
Baca, petitioner. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a); and
B. A lump sum of $11,718.46 in the form of a check payable to
petitioner and petitioner’s attorney, Randall Knutson, for attorneys’
fees and costs available under 42 U.S.C. § 300aa-15(e), and, in
compliance with General Order #9, no out-of-pocket expenses were
incurred by petitioner in proceeding on the petition.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-648V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Marc Langston, at (202)
357-6392.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

CCaassee 11::1133--vvvv--0000664488--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0089//0042//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000664488--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0089//0042//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000664488--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0089//0042//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000664488--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0089//0042//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000664488--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0089//0042//1144 PPaaggee 57 ooff 57