VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00428
Package ID: USCOURTS-cofc-1_15-vv-00428
Petitioner: Jo Ann Dreas
Filed: 2015-10-05
Decided: 2015-11-16
Vaccine: Tdap
Vaccination date: 2012-08-13
Condition: shoulder injury
Outcome: compensated
Award amount USD: 68743

AI-assisted case summary:
Jo Ann Dreas filed a petition for compensation under the National Vaccine Injury Compensation Program on April 28, 2015, alleging she suffered a shoulder injury due to a tetanus-diphtheria-acellular pertussis (Tdap) vaccine received on August 13, 2012. She further alleged that the residual effects of this injury lasted for more than six months. The respondent denied that the Tdap vaccination caused petitioner's shoulder injury or her current condition. The parties reached a settlement, and a joint stipulation was filed on October 2, 2015. As part of the settlement, the respondent agreed to pay petitioner a lump sum of $50,000.00 for all damages. On October 6, 2015, the parties filed a separate stipulation regarding attorneys' fees and costs, agreeing to an award of $18,743.49. Chief Special Master Nora Beth Dorsey adopted the stipulations and awarded a total of $68,743.49 in compensation and fees. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. Petitioner was represented by Philip C. Denton, and respondent was represented by Lara A. Englund.

Theory of causation field:
Petitioner Jo Ann Dreas alleged a shoulder injury resulting from a Tdap vaccination on August 13, 2012, with residual effects lasting over six months. Respondent denied causation. The parties reached a settlement, and the case was resolved via joint stipulation. The specific medical theory of causation, expert testimony, or mechanism of injury were not detailed in the public decision. The settlement included a lump sum of $50,000.00 for damages and $18,743.49 for attorneys' fees and costs, totaling $68,743.49. Chief Special Master Nora Beth Dorsey issued the decision on November 16, 2015. Petitioner's counsel was Philip C. Denton, and respondent's counsel was Lara A. Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00428-0
Date issued/filed: 2015-11-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/05/2015) regarding 19 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00428-UNJ Document 27 Filed 11/13/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0428V
Filed: October 5, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JO ANN DREAS, *
*
Petitioner, * Joint Stipulation on Damages;
* Tetanus-diphtheria-acellular pertussis
* Vaccine (“Tdap”); Shoulder Injury;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Philip C. Denton, The Law Office of Philip C. Denton, St. Louis, MO, for petitioner.
Lara A. Englund, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION ON JOINT STIPULATION
Dorsey, Chief Special Master:
On April 28, 2015, Jo Ann Dreas (“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 a shoulder
injury due to the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she received on
August 13, 2012. Petition (“Pet.”) at 1; Stipulation (“Stip.”), filed Oct. 2, 2015, at ¶¶ 2, 4.
Petitioner further alleges that she experienced the residual effects of this injury for more
than six months. Pet. at 2; Stip. at ¶ 4. Respondent denies that petitioner’s shoulder
injury, or any other injury or her current condition, was caused-in-fact by her Tdap
vaccination. Stip. at ¶ 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 1:15-vv-00428-UNJ Document 27 Filed 11/13/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stip. at ¶ 7. On
October 2, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner a lump sum of $50,000.00 in the form of a
check payable to petitioner. Stip. at ¶ 8. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. 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
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 filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2

Case 1:15-vv-00428-UNJ Document 27 Filed 11/13/15 Page 3 of 7

Case 1:15-vv-00428-UNJ Document 27 Filed 11/13/15 Page 4 of 7

Case 1:15-vv-00428-UNJ Document 27 Filed 11/13/15 Page 5 of 7

Case 1:15-vv-00428-UNJ Document 27 Filed 11/13/15 Page 6 of 7

Case 1:15-vv-00428-UNJ Document 27 Filed 11/13/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00428-1
Date issued/filed: 2015-11-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/06/2015) regarding 22 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00428-UNJ Document 28 Filed 11/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0428V
Filed: October 6, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
JO ANN DREAS, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Philip C. Denton, The Law Office of Philip C. Denton, St. Louis, MO, for petitioner.
Lara A. Englund, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION ON ATTORNEY FEES AND COSTS
Dorsey, Chief Special Master:
On April 28, 2015, Jo Ann Dreas (“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”]. The petition alleged that petitioner suffered a
shoulder injury due to the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she
received on August 13, 2012. On October 5, 2015, I issued a decision awarding
compensation to petitioner based on a joint stipulation.
On October 6, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties agree upon an award of
$18,743.49 in attorneys’ fees and costs. In accordance with General Order #9,
petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses.
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 1:15-vv-00428-UNJ Document 28 Filed 11/16/15 Page 2 of 2
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.
3
Accordingly, I award the total of $18,743.49 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Philip C. Denton.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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