VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00562
Package ID: USCOURTS-cofc-1_15-vv-00562
Petitioner: Lisa Hale
Filed: 2015-10-13
Decided: 2015-11-16
Vaccine: Tdap
Vaccination date: 2013-02-27
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Lisa Hale filed a petition for compensation under the National Vaccine Injury Compensation Program on June 1, 2015, alleging she suffered left shoulder injuries following a Tdap vaccination administered on February 27, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 13, 2015, conceding that Ms. Hale is entitled to compensation. The respondent opined that Ms. Hale experienced Shoulder Injury Related to Vaccine Administration (SIRVA) within 48 hours of the Tdap vaccination, with no other identified causes. The respondent further agreed that the injury persisted for at least six months and that all other legal prerequisites under the Act were satisfied. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey found that Ms. Hale is entitled to compensation. The case was proceeding to determine damages. Petitioner was represented by Mark Theodore Sadaka of Mark T. Sadaka, LLC, and respondent was represented by Lisa Ann Watts of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond the general classification of SIRVA.

Theory of causation field:
Petitioner Lisa Hale alleged injury following a Tdap vaccination on February 27, 2013. The alleged injury was Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement, opining that SIRVA occurred within 48 hours of vaccination, with no other identified causes, persisted for at least six months, and satisfied all other legal prerequisites. The respondent agreed that the Tdap vaccination more likely than not caused the SIRVA. The Chief Special Master Nora Beth Dorsey issued a ruling on entitlement based on the respondent's concession. The case was proceeding to determine damages. Petitioner counsel was Mark Theodore Sadaka, and respondent counsel was Lisa Ann Watts. The theory of causation relied on the respondent's concession and the general framework of the Vaccine Act, specifically referencing SIRVA as a condition that can be caused by vaccination. The public text does not name specific medical experts or detail the mechanism of injury beyond the classification of SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00562-0
Date issued/filed: 2015-11-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/13/2015) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00562-UNJ Document 25 Filed 11/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-562V
Filed: October 13, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LISA HALE, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus-diphtheria acellular pertussis
* (“Tdap”); Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark Theodore Sadaka, Mark T. Sadaka, LLC, Englewood, N.J., for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 1, 2015, 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 left shoulder injuries following
administration of a tetanus, diphtheria and acellular pertussis (“Tdap”) vaccination on
February 27, 2013. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On October 13, 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 1. Specifically, respondent “opines that petitioner experienced SIRVA
[Shoulder Injury Related to Vaccine Administration] within 48 hours of Tdap vaccine
administration. No other causes for petitioner’s SIRVA have been identified. As such,
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-00562-UNJ Document 25 Filed 11/16/15 Page 2 of 2
DICP agrees that petitioner’s SIRVA was more likely than not caused by the February
27, 2013, Tdap vaccination.” Id. at 5 (internal citations omitted). Respondent further
agrees that petitioner’s injury persisted for at least six months and that all other legal
prerequisites under the Act have been satisfied. Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master