VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00702
Package ID: USCOURTS-cofc-1_14-vv-00702
Petitioner: Susan Lee
Filed: 2015-12-29
Decided: 2016-05-04
Vaccine: Td
Vaccination date: 2014-01-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Susan Lee filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following receipt of her Tetanus Diphtheria toxoid (Td) vaccination on January 11, 2014. She stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had no prior award or settlement for this condition. Respondent denied that the Td vaccine caused her alleged SIRVA or any other injury. Despite the denial, the parties filed a joint stipulation on December 29, 2015, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Susan Lee was awarded a lump sum of $80,000.00 as compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with the stipulation, absent a motion for review.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00702-0
Date issued/filed: 2016-05-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/29/2015) regarding 34 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00702-UNJ Document 42 Filed 05/04/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-702V
Filed: December 29, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SUSAN LEE, *
*
Petitioner, * Joint Stipulation on Damages;
* Tetanus Diphtheria toxoid (“Td”);
* Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 4, 2014, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine
Act”]. Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following receipt of her January 11, 2014 Tetanus Diphtheria
toxoid (“Td”) vaccination. Petition at 1-2; Stipulation, filed 12/29/2015, ¶ 4. Petitioner
further alleges that the vaccine was administered within the United States, that she
suffered the residual effects of this injury for more than six months, and that there has
been no prior award or settlement of a civil action for damages on her behalf as a result
of her condition. Petition at 2; Stipulation¶¶ 2-5. “Respondent denies that the Td
vaccine caused petitioner’s alleged SIRVA or any other injury and further denies that
her current disabilities are sequela of a vaccine-related injury. ” Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:14-vv-00702-UNJ Document 42 Filed 05/04/16 Page 2 of 7
Nevertheless, on December 29, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. 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 stipulated that petitioner shall receive the following compensation:
A lump sum of $80,000.00 in the form of a check payable to petitioner.
Stipulation, ¶ 8. This amount represents compensation for all items of damages
that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.

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