VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00624
Package ID: USCOURTS-cofc-1_14-vv-00624
Petitioner: Christine L. Tishmack
Filed: 2014-12-19
Decided: 2015-07-17
Vaccine: Tdap
Vaccination date: 2011-07-22
Condition: left shoulder pain, problems and limitations including without limitation adhesive capsulitis secondary to vaccination
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Christine L. Tishmack filed a petition for compensation under the National Vaccine Injury Compensation Program on July 18, 2014, alleging that she suffered a shoulder injury, specifically left shoulder pain, problems, and limitations including adhesive capsulitis, caused by the tetanus, diphtheria-acellular pertussis (Tdap) vaccine she received on July 22, 2011. The case was assigned to the Special Processing Unit. Respondent conceded that the alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that the injury lasted for more than six months. Based on this concession, a ruling on entitlement was issued finding Ms. Tishmack entitled to compensation. Subsequently, the parties filed a proffer on award of compensation, agreeing to an amount of $80,000.00. This amount was awarded as a lump sum payment. The parties later filed a stipulation for attorneys' fees and costs, agreeing to an award of $15,410.92, which was also awarded as a lump sum jointly payable to Ms. Tishmack and her counsel.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00624-0
Date issued/filed: 2015-01-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/19/2014) regarding 14 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00624-UNJ Document 16 Filed 01/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-624V
Filed: December 19, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINE L. TISHMACK, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Special Processing Unit; Tetanus,
* Diphtheria-acellular Pertussis; Tdap;
SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, * Administration; SIRVA;
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Kate Westad, Esq., Lommen Abdo Law Firm, Minneapolis, MN, for petitioner.
Julia McInerny, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On July 18, 2014, Christine L. Tishmack filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury which
was caused by the tetanus, diphtheria-acellular pertussis [“Tdap”] vaccine she received
on July 22, 2011. Petition at 1. She claims she suffered “left shoulder pain, problems
and limitations including without limitation adhesive capsulitis secondary to vaccination.”
Id. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On December 19, 2014, respondent filed her Rule 4(c) report [“Res. Report”] in
which she concedes that petitioner is entitled to compensation in this case. Res. Report
at 5. Specifically, respondent indicates that she “believes that the alleged injury is
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post it 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), petitioner has 14 days to identify and move to
redact medical or other information, the disclosure of which would constitute an unwarranted invasion of
privacy. If, upon review, I agree that the identified material fits within this definition, I will redact 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 1:14-vv-00624-UNJ Document 16 Filed 01/22/15 Page 2 of 2
consistent with a shoulder injury related to vaccine administration (SIRVA).” Id.
Respondent agrees that petitioner’s injury lasted for more than six months. Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00624-1
Date issued/filed: 2015-07-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/19/2015) regarding 26 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00624-UNJ Document 30 Filed 07/17/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-0624V
Filed: June 19, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINE L. TISHMACK, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus-Diphtheria-acellular Pertussis;
* (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration;
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit;
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Kate Westad, Esq., Lommen Abdo Law Firm, Minneapolis, MN, for petitioner.
Julia McInerny, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On July 18, 2014, Christine L. Tishmack filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury which
was caused by the tetanus, diphtheria-acellular pertussis [“Tdap”] vaccine she received
on July 22, 2011. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 19, 2014, I issued a ruling on entitlement, finding petitioner entitled
to compensation. On June 19, 2015, respondent filed a proffer on award of
compensation [“Proffer”] indicating petitioner should be awarded $80,000.00. Proffer at
1. According to respondent’s Proffer, petitioner agrees to this proposed amount. Id.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it 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), petitioner has 14 days to identify and move to
redact medical or other information, the disclosure of which would constitute an unwarranted invasion of
privacy. If, upon review, I agree that the identified material fits within this definition, I will redact 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 1:14-vv-00624-UNJ Document 30 Filed 07/17/15 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $80,000.00 in the form of a check payable to petitioner, Christine
L. Tishmack. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
s/Denise K. Vowell
Denise K. Vowell
Chief 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.
2

CCaassee 11::1144--vvvv--0000662244--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0067//1197//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
CHRISTINE TISHMACK, )
)
Petitioner, )
v. )
) No. 14-624V
SECRETARY OF HEALTH ) Chief Special Master Vowell
AND HUMAN SERVICES ) ECF
)
Respondent. )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$80,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $80,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future lost earnings, and future pain and suffering.

CCaassee 11::1144--vvvv--0000662244--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0067//1197//1155 PPaaggee 24 ooff 24
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Julia W. McInerny
JULIA W. MCINERNY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
DATED: June 18, 2015 (202) 353-3919
2

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00624-2
Date issued/filed: 2015-08-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/24/2015) regarding 32 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00624-UNJ Document 34 Filed 08/26/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-624V
Filed: July 24, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINE L. TISHMACK, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Kate G. Westad, Esq., Lommen Abdo Law Firm, Minneapolis, MN, for petitioner.
Julia W. McInerny, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On July 18, 2014, Christine L. Tishmack filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury which
was caused by the tetanus, diphtheria-acellular pertussis [“Tdap”] vaccine she received
on July 22, 2011. Petition at 1. On June 19, 2015, I issued a decision awarding
compensation to petitioner based on respondent’s proffer to which petitioner agreed.
On July 24, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
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), petitioners have 14 days to identify
and move to redact medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
redact 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 1:14-vv-00624-UNJ Document 34 Filed 08/26/15 Page 2 of 2
award of $15,410.92 in attorneys’ fees and costs. In accordance with General Order
#9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total $15,410.923 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Kate G. Westad.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2