VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00932
Package ID: USCOURTS-cofc-1_13-vv-00932
Petitioner: Lise Marquis
Filed: 2013-11-25
Decided: 2014-08-06
Vaccine: Tdap
Vaccination date: 2013-04-22
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 102191

AI-assisted case summary:
Lise Marquis filed a petition for compensation under the National Vaccine Injury Compensation Program on November 25, 2013. She alleged that she suffered from Shoulder Injury Related to Vaccine Administration (SIRVA) caused in fact by her tetanus-diphtheria-acellular pertussis (Tdap) vaccination received on April 22, 2013. Ms. Marquis further alleged that she experienced residual effects of her injuries for more than six months. The respondent denied that the Tdap vaccine caused petitioner’s SIRVA or any other injury. Nevertheless, the parties reached a settlement agreement. Respondent agreed to pay Ms. Marquis a lump sum of $88,000.00 for all damages and an additional $14,191.82 for attorneys' fees and costs. Special Master Thomas L. Gowen adopted the parties' stipulation and awarded compensation in the agreed-upon amount. The case was settled as an off-Table claim, with the petitioner alleging causation-in-fact. Petitioner was represented by Andrew Downing, Esq., and respondent was represented by Julia McInerny, Esq. The decision was issued on August 6, 2014.

Theory of causation field:
Petitioner Lise Marquis alleged that her tetanus-diphtheria-acellular pertussis (Tdap) vaccination on April 22, 2013, caused Shoulder Injury Related to Vaccine Administration (SIRVA), with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to settle the case as an off-Table claim, alleging causation-in-fact. The settlement included a lump sum of $88,000.00 for damages and $14,191.82 for attorneys' fees and costs, totaling $102,191.82. Special Master Thomas L. Gowen adopted the stipulation in a decision dated August 6, 2014. Petitioner was represented by Andrew Downing, Esq., and respondent by Julia McInerny, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00932-0
Date issued/filed: 2014-08-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/16/2014) regarding 20 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00932-UNJ Document 24 Filed 08/06/14 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-0932V
Filed: July 16, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
LISE MARQUIS, *
*
Petitioner, * Stipulation; Tdap; SIRVA;
v. * Attorneys’ Fees & Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Esq., Van Cott & Talamante, PLLC, Phoenix, AZ for petitioner.
Julia McInerny, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON JOINT STIPULATION
1
Gowen, Special Master:
Lise Marquis [“petitioner”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on November 25, 2013. Petitioner alleges that
she suffered from Shoulder Injury Related to Vaccine Administration [SIRVA] that was
caused in fact by her tetanus-diphtheria-acellular pertussis [Tdap] vaccination she
received on April 22, 2013. See Stipulation, filed July 16, 2014, at ¶¶ 2, 4. Further,
petitioner alleges that she experienced residual effects of her injuries for more than six
1 Because this unpublished decision contains a reasoned explanation for the action in this case,
I intend to 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)). In accordance with Vaccine Rule
18(b), a party has 14 days to identify and move to delete medical or other information, that
satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review,
I agree that the identified material fits within the requirements of that provision, I will delete 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:13-vv-00932-UNJ Document 24 Filed 08/06/14 Page 2 of 7
months. Stipulation at ¶ 4. Respondent denies that the Tdap vaccine caused
petitioner’s SIRVA or any other injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On July 16, 2014, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement
terms.
Respondent agrees to pay petitioner:
a. A lump sum of $88,000.00 in the form of a check payable to petitioner,
Lise Marquis. This amount represents compensation for all damages that
would be available under § 300aa-15(a); and
b. A lump sum of $14,191.82 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Andrew Downing, Esq., for
attorneys’ fees and costs available under § 300aa-15(e); and, in
compliance with General Order #9, no out-of-pocket expenses were incurred
by petitioner in proceeding on the petition.
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a
notice renouncing the right to seek review.

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