VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00150 Package ID: USCOURTS-cofc-1_14-vv-00150 Petitioner: Elahe Amani Filed: 2014-02-25 Decided: 2016-08-15 Vaccine: Tetanus-Diphtheria-acellular-Pertussis Vaccination date: 2011-07-24 Condition: Shoulder Injury Related to Vaccine Administration Outcome: compensated Award amount USD: 170831 AI-assisted case summary: On February 25, 2014, Elahe Amani filed a petition under the National Vaccine Injury Compensation Program, alleging that a Tetanus-Diphtheria-acellular-Pertussis (Tdap) vaccine administered on July 24, 2011, caused her to suffer from a Shoulder Injury Related to Vaccine Administration (SIRVA). The Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on May 27, 2014, conceding that the Petitioner was entitled to compensation for her vaccine-caused injury. Subsequently, on August 15, 2016, the parties submitted a joint stipulation on damages. In this stipulation, they agreed that there was no evidence suggesting Petitioner's SIRVA was due to factors unrelated to the Tdap vaccination. The stipulation detailed an agreed-upon compensation award. This award included a lump sum of $167,713.79, intended to cover first-year life care expenses ($14,600.00), pain and suffering ($150,000.00), and past unreimbursable expenses ($3,113.79). Additionally, the award included an amount sufficient to purchase an annuity contract. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Judgment was to be entered in accordance with the terms of the stipulation, with the clerk of the court directed to enter judgment unless a motion for review was filed. Petitioner was represented by Lisa Roquemore, and Respondent was represented by Michael Milmoe. Theory of causation field: Petitioner Elahe Amani alleged that a Tetanus-Diphtheria-acellular-Pertussis (Tdap) vaccine administered on July 24, 2011, caused her Shoulder Injury Related to Vaccine Administration (SIRVA). The Respondent conceded entitlement to compensation. The parties stipulated that there was no evidence that Petitioner's SIRVA was due to factors unrelated to the vaccination. The Special Master adopted the stipulation, awarding a lump sum of $167,713.79 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity contract. The theory of causation was based on the "Table" of the National Vaccine Injury Compensation Program, as the Respondent conceded entitlement. Special Master Lisa Hamilton-Fieldman issued the decision on August 16, 2016. Petitioner was represented by Lisa Roquemore, and Respondent was represented by Michael Milmoe. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00150-0 Date issued/filed: 2016-09-14 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 8/16/2016) regarding 68 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (ca1) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00150-UNJ Document 75 Filed 09/14/16 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-150V Filed: August 16, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED ELAHE AMANI, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Tetanus-Diphtheria-acellular- * Pertussis (“TDaP”) Vaccine; SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine AND HUMAN SERVICES, * Administration (“SIRVA”). * Respondent. * * * * * * * * * * * * * * * * * Lisa Roquemore, Rancho Santa Margarita, CA, for Petitioner. Michael Milmoe, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On February 25, 2014, Elahe Amani (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that a Tetanus-Diphtheria-acellular-Pertussis (“TDaP”) vaccine administered on July 24, 2011 caused her to suffer from a Shoulder Injury Related to Vaccine Administration (“SIRVA”). On May 27, 2014, Respondent filed a Rule 4(c) Report in which she conceded that Petitioner is entitled to compensation for her vaccine-caused injury. On August 15, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. The parties agree that “[t]here is not a 1 Because this decision contains a reasoned explanation for the undersigned’s 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, codified as amended at 44 U.S.C. § 3501 note (2012). 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). 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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:14-vv-00150-UNJ Document 75 Filed 09/14/16 Page 2 of 9 preponderance of evidence that petitioner’s SIRVA is due to factors unrelated to her July 24, 2011, Tdap vaccination,” and they agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $167,713.79, which amount represents compensation for first year life care expenses ($14,600.00), pain and suffering ($150,000.00), and past unreimbursable expenses ($3,113.79) in the form of a check payable to Petitioner; and an amount sufficient to purchase the annuity contract described in paragraph 10 of the Stipulation, paid to the life insurance company from which the annuity will be purchased. Stipulation ¶ 8. The undersigned approves the requested amounts for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 CCaassee 11::1144--vvvv--0000115500--UUNNJJ DDooccuummeenntt 6775 FFiilleedd 0089//1154//1166 PPaaggee 13 ooff 79 CCaassee 11::1144--vvvv--0000115500--UUNNJJ DDooccuummeenntt 6775 FFiilleedd 0089//1154//1166 PPaaggee 24 ooff 79 CCaassee 11::1144--vvvv--0000115500--UUNNJJ DDooccuummeenntt 6775 FFiilleedd 0089//1154//1166 PPaaggee 35 ooff 79 CCaassee 11::1144--vvvv--0000115500--UUNNJJ DDooccuummeenntt 6775 FFiilleedd 0089//1154//1166 PPaaggee 46 ooff 79 CCaassee 11::1144--vvvv--0000115500--UUNNJJ DDooccuummeenntt 6775 FFiilleedd 0089//1154//1166 PPaaggee 57 ooff 79 CCaassee 11::1144--vvvv--0000115500--UUNNJJ DDooccuummeenntt 6775 FFiilleedd 0089//1154//1166 PPaaggee 68 ooff 79 CCaassee 11::1144--vvvv--0000115500--UUNNJJ DDooccuummeenntt 6775 FFiilleedd 0089//1154//1166 PPaaggee 79 ooff 79