VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00732
Package ID: USCOURTS-cofc-1_13-vv-00732
Petitioner: Jodi Manis
Filed: 2013-09-25
Decided: 2016-08-19
Vaccine: tetanus
Vaccination date: 2010-10-05
Condition: injection related shoulder injury, brachial neuritis
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Jodi Manis filed a petition on September 25, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a tetanus vaccination received on October 5, 2010, resulted in an injection-related shoulder injury and brachial neuritis. The respondent, the Secretary of Health and Human Services, filed a report on March 4, 2014, conceding that the petitioner was entitled to compensation. The respondent agreed that the petitioner's condition was consistent with brachial neuritis and that the shoulder injury was related to the tetanus vaccination administered on October 5, 2010. The respondent further stated that the petitioner met the statutory requirements, including suffering the condition for more than six months, thus satisfying all legal prerequisites for compensation under the Act. Special Master Nora Beth Dorsey reviewed the record and, in light of the respondent's concession, issued a ruling on entitlement on March 5, 2014, finding the petitioner entitled to compensation. The case was then directed to proceed to the damages phase. The public staging text for this case contains only the entitlement ruling; the damages decision establishing the compensation amount is not available in the public staging text.

Theory of causation field:
Petitioner Jodi Manis received a tetanus vaccination on October 5, 2010. She subsequently developed brachial neuritis and an injection-related shoulder injury. The respondent conceded that the petitioner's injury was consistent with brachial neuritis and related to the tetanus vaccination, and that she met the statutory requirements for compensation. Special Master Nora Beth Dorsey ruled on entitlement on March 5, 2014, finding the petitioner entitled to compensation. The damages decision is not available in the public staging text. Attorneys for petitioner were Ronald Homer of Conway, Homer & Chin-Caplan, P.C. Attorneys for respondent were Michael Milmoe of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00732-0
Date issued/filed: 2014-03-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/05/2014) regarding 18 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00732-UNJ Document 19 Filed 03/26/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
E-Filed: March 5, 2014
UNPUBLISHED
* * * * * * * * * * * * * *
JODI MANIS, * No. 13-732V
*
* Special Master
Petitioner, * Nora Beth Dorsey
*
v. *
*
SECRETARY OF HEALTH * Ruling on Entitlement; Conceded
AND HUMAN SERVICES, * Tetanus Vaccine; Brachial Neuritis.
*
Respondent. *
*
* * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C. Boston, MA, for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 25, 2013, Jodi Manis (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“the Program”)2 alleging that she received
1 Because this unpublished ruling contains a reasoned explanation for the action in this
case, the undersigned intends to post this decision on the website of the United States Court of
Federal Claims, in accordance with the E-Government Act of 2002 § 205, 44 U.S.C. § 3501
(2006). In accordance with the Vaccine Rules, 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). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, the undersigned agrees
that the identified material fits within the requirements of that provision, such material will be
deleted from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986,
42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.
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Case 1:13-vv-00732-UNJ Document 19 Filed 03/26/14 Page 2 of 2
a tetanus vaccination on October 5, 2010, and thereafter suffered an injection related shoulder
injury. See Petition at 1.
On March 4, 2014, respondent filed a report pursuant to Vaccine Rule 4(c) in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Report at 1.
Specifically, respondent agrees that petitioner’s alleged injury is consistent with brachial neuritis,
and that her shoulder injury is related to the administration of the tetanus vaccination she
received on October 5, 2010. Id. at 3. Based on a review of the medical records, respondent
states that petitioner has met the applicable statutory requirements by suffering her condition for
more than six months and that, therefore, petitioner has satisfied all legal prerequisites for
compensation under the Act. Id. at 3-5.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of
respondent’s concession and a review of the record, the undersigned finds that petitioner is
entitled to compensation. This matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
2