VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00455 Package ID: USCOURTS-cofc-1_15-vv-00455 Petitioner: Julie Feaster Filed: 2015-05-04 Decided: 2016-09-22 Vaccine: Tdap Vaccination date: 2014-07-09 Condition: shoulder injury resulting from vaccine administration (SIRVA) Outcome: compensated Award amount USD: 170000 AI-assisted case summary: Julie Feaster filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a diphtheria-pertussis-tetanus (Tdap) vaccine on July 9, 2014. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, conceded that petitioner's injury was consistent with SIRVA and recommended compensation. The respondent further concluded that the evidence established that the injury to petitioner's left shoulder was caused-in-fact by the Tdap vaccine and that no alternative causes were identified. Based on the respondent's concession and the evidence, the Chief Special Master found petitioner entitled to compensation. Subsequently, the parties filed a joint stipulation agreeing that petitioner should be awarded $170,000.00. The court awarded Julie Feaster a lump sum payment of $170,000.00, representing compensation for all damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00455-0 Date issued/filed: 2016-07-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/06/2016) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00455-UNJ Document 36 Filed 07/13/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-455V Filed: June 6, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * JULIE FEASTER, * * Damages Decision Based on Petitioner, * Stipulation; Diphtheria, Pertussis, v. * Tetanus Vaccine; Shoulder Injury * Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Leah Durant, Law Offices of Leah V. Durant, Washington DC, for petitioner. Ann Martin, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On May 4, 2015, Julie Feaster 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 suffers from a shoulder injury resulting from vaccine administration (“SIRVA”) as a result of the diphtheria-pertussis- tetanus vaccine she received on July 9, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 26, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for her shoulder injury. On June 6, 2016, respondent filed a joint stipulation by the parties stipulating that petitioner should be awarded $170,000.00. Stipulation at ¶ 9. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the stipulation. 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-00455-UNJ Document 36 Filed 07/13/16 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, the undersigned awards petitioner a lump sum payment of $170,000.00 in the form of a check payable to petitioner, Julie Feaster. 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 CCaassee 11::1155--vvvv--0000445555--UUNNJJ DDooccuummeenntt 2386 FFiilleedd 0067//0163//1166 PPaaggee 13 ooff 57 CCaassee 11::1155--vvvv--0000445555--UUNNJJ DDooccuummeenntt 2386 FFiilleedd 0067//0163//1166 PPaaggee 24 ooff 57 CCaassee 11::1155--vvvv--0000445555--UUNNJJ DDooccuummeenntt 2386 FFiilleedd 0067//0163//1166 PPaaggee 35 ooff 57 CCaassee 11::1155--vvvv--0000445555--UUNNJJ DDooccuummeenntt 2386 FFiilleedd 0067//0163//1166 PPaaggee 46 ooff 57 CCaassee 11::1155--vvvv--0000445555--UUNNJJ DDooccuummeenntt 2386 FFiilleedd 0067//0163//1166 PPaaggee 57 ooff 57 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00455-1 Date issued/filed: 2016-09-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/26/2015) regarding 14 Ruling on Entitlement (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00455-UNJ Document 39 Filed 09/22/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0455V Filed: August 26, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * JULIE FEASTER, * * Petitioner, * Ruling on Entitlement; Concession; * Diphtheria, Pertussis, Tetanus Vaccine; * Shoulder Injury Related To Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Leah Durant, Esq., Law Offices of Leah V. Durant, Washington DC, for petitioner. Ann Martin, Esq., U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Vowell, Chief Special Master: On May 4, 2015, Julie Feaster 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 suffers from a shoulder injury resulting from vaccine administration [“SIRVA”] as a result of the diphtheria-pertussis- tetanus vaccine she received on July 9, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 26, 2015, respondent filed her Rule 4(c) report in which she concedes that she “has determined that petitioner’s alleged injury is consistent with SIRVA and recommends that compensation be awarded in this case.” Respondent’s Rule 4(c) Report at 1. Specifically, respondent “has concluded that a preponderance of evidence establishes that the injury to petitioner’s left shoulder was caused-in-fact by the 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 (2012). Case 1:15-vv-00455-UNJ Document 39 Filed 09/22/16 Page 2 of 2 administration of her July 9, 2014 Tdap vaccine.” Id. at 3. Respondent further concedes that no alternative causes for petitioner’s SIRVA were identified, and that “the statutory six month sequela requirement has been satisfied.” 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