VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01155 Package ID: USCOURTS-cofc-1_14-vv-01155 Petitioner: Amy Junker Filed: 2015-03-09 Decided: 2015-11-13 Vaccine: Tdap Vaccination date: 2011-12-07 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Amy Junker filed a petition for compensation under the National Vaccine Injury Compensation Program on November 26, 2014, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine on December 7, 2011. The case was assigned to the Special Processing Unit. On March 7, 2015, the respondent filed a status report conceding that Ms. Junker's injury was consistent with SIRVA and that she met the statutory requirements for compensation, having suffered residual effects for more than six months. Based on this concession and the evidence, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on March 9, 2015, finding Ms. Junker entitled to compensation. Subsequently, on October 2, 2015, the respondent filed a proffer on the award of compensation. On November 13, 2015, Chief Special Master Nora Beth Dorsey issued a decision awarding damages based on this proffer. The decision awarded Ms. Junker a lump sum payment of $70,000.00, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Mark Theodore Sadaka, and respondent was represented by Jennifer Leigh Reynaud. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Amy Junker alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on December 7, 2011. The respondent conceded that the injury was consistent with SIRVA and that petitioner met the statutory requirements for compensation, including suffering residual effects for more than six months. The theory of causation relied on the "Table" for SIRVA. No specific medical experts were named in the public decision. The Special Processing Unit handled the case. Chief Special Master Denise Kathryn Vowell ruled on entitlement on March 9, 2015. Chief Special Master Nora Beth Dorsey awarded $70,000.00 as a lump sum payment on November 13, 2015, based on a proffer from the respondent. Petitioner's counsel was Mark Theodore Sadaka, and respondent's counsel was Jennifer Leigh Reynaud. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01155-0 Date issued/filed: 2015-03-30 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/09/2015) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01155-UNJ Document 16 Filed 03/30/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1155V Filed: March 9, 2015 Not for Publication * * * * * * * * * * * * * * * * * * * * * * * * * AMY JUNKER * * * Petitioner, * Ruling on Entitlement; Concession; * TDaP; Shoulder Injury Related to v. * Vaccine Administration (“SIRVA”); * Special Processing Unit (“SPU”) * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Mark Theodore Sadaka, Englewood, N.J., for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Vowell, Chief Special Master: On November 26, 2014, Amy Junker 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”]. The petition alleges that as a result of a Tentanus- Diphtheria-acelluar Pertussis vaccine (“TDaP”) vaccination on December 7, 2011, petitioner suffered a shoulder injury related to vaccine administration. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 7, 2015, respondent filed a status report in which she concedes that petitioner is entitled to compensation in this case. Status report (ECF No. 13) at 1. 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be posted 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-01155-UNJ Document 16 Filed 03/30/15 Page 2 of 2 Specifically, respondent submits “petitioner’s injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”). Petitioner has met the statutory requirements by suffering the residual effects of her condition for more than six months. Therefore, based on the record as it now stands, petitioner has satisfied all the legal prerequisites for compensation under the Act.” Id. (internal citations omitted). 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-01155-1 Date issued/filed: 2015-11-13 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/05/2015) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01155-UNJ Document 31 Filed 11/13/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1155V Filed: October 5, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * AMY JUNKER, * * Petitioner, * Damages Decision Based on Proffer; * TDaP; Shoulder Injury Related to * Vaccine Administration (“SIRVA”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mark Theodore Sadaka, Englewood, N.J., for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On November 26, 2014, Amy Junker 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 related to the administration of a Tetanus-Diphtheria-acellular Pertussis vaccine (“TDaP”) on December 7, 2011. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 9, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation for her shoulder injury. On October 2, 2015, respondent filed a proffer on award of compensation [“Proffer”] indicating petitioner should be awarded $70,000.00. Proffer at 1. 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 (2012). Case 1:14-vv-01155-UNJ Document 31 Filed 11/13/15 Page 2 of 2 Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $70,000.00 in the form of a check payable to petitioner, Amy Junker. 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/Nora Beth Dorsey Nora Beth Dorsey 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.