VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00392
Package ID: USCOURTS-cofc-1_15-vv-00392
Petitioner: Lara Felker
Filed: 2015-10-30
Decided: 2016-05-19
Vaccine: Tdap
Vaccination date: 2014-09-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Lara Felker filed a petition for compensation on October 30, 2015, alleging that she suffered an injury to her left shoulder as a result of a Tdap vaccine administered on September 22, 2014. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, stating that her injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused in fact by the Tdap vaccine. Respondent identified no other causes for the SIRVA and determined that petitioner had suffered the condition for more than six months, satisfying all legal prerequisites for compensation. The undersigned found petitioner entitled to compensation. On April 4, 2016, respondent filed a proffer on award of compensation, indicating petitioner should be awarded $135,000.00, which petitioner agreed to. The decision awarded petitioner a lump sum payment of $135,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00392-0
Date issued/filed: 2015-11-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/30/2015) regarding 21 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00392-UNJ Document 24 Filed 11/23/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0392V
Filed: October 30, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LARA FELKER, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus-diphtheria-acellular pertussis
* (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jane Morrow, Otorowski, Johnston, et al., Bainbridge Island, WA, for petitioner.
Althea Davis, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT
Dorsey, Chief Special Master:
On April 20, 2015, Lara Felker (“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” or “Program”). Petitioner alleges that she suffered an injury to
her left shoulder as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine
administered on September 22, 2014. Petition at 1. The case was assigned to the
Special Processing Unit (“SPU”) of the Office of Special Masters.
On October 29, 2015, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 4. Specifically, respondent stated that petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (“SIRVA”) and was
caused in fact by the Tdap vaccine she received on September 22, 2014. Id.
1 Because this unpublished ruling 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 1:15-vv-00392-UNJ Document 24 Filed 11/23/15 Page 2 of 2
Respondent identified no other causes for petitioner’s SIRVA and determined, based on
the medical evidence of record, that petitioner has suffered the condition for more than
six months. Id. In light of the foregoing, respondent concluded that petitioner has
satisfied all legal prerequisites for compensation under the Act. Id.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00392-1
Date issued/filed: 2016-05-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/06/2016) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00392-UNJ Document 40 Filed 05/19/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0392V
Filed: April 6, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LARA FELKER, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus-diphtheria-acellular pertussis
v. * (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jane Morrow, Otorowski, Johnston, et al., Bainbridge Island, WA, for petitioner.
Althea Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 20, 2015, Lara Felker (“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 alleged that she suffered an injury to her left
shoulder as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine
administered on September 22, 2014. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 30, 2015, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On April 4, 2016, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $135,000.00. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Based
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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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 1:15-vv-00392-UNJ Document 40 Filed 05/19/16 Page 2 of 4
on the record as a whole, the undersigned finds that petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $135,000.00 in the form of a check payable to
petitioner, Lara Felker. 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
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.
2

Case 1:15-vv-00392-UNJ Document 40 Filed 05/19/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LARA FELKER, )
)
Petitioner, ) No. 15-392V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On October 30, 2015, Chief Special Master Nora Beth Dorsey issued a Ruling on
Entitlement finding that petitioner was entitled to vaccine compensation for her shoulder injury
related to vaccine administration (“SIRVA”). Respondent proffers that based on the evidence of
record, petitioner should be awarded $135,000.00. This amount represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the special master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $135,000.00 in the form of a check payable to petitioner, Lara
Felker. This amount accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
1 Should petitioner die prior to entry of judgment, respondent reserves the right to move the Court for appropriate
relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and
future lost wages.

Case 1:15-vv-00392-UNJ Document 40 Filed 05/19/16 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Althea Walker Davis
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-0515
Fax: (202) 616-4310
DATED: 4 April 2016