VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00676 Package ID: USCOURTS-cofc-1_15-vv-00676 Petitioner: Sharon Long Filed: 2016-03-09 Decided: 2016-05-10 Vaccine: Tdap Vaccination date: 2014-05-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 64000 AI-assisted case summary: Sharon Long filed a petition for compensation under the National Vaccine Injury Compensation Program on March 9, 2016, alleging that a Tetanus diphtheria and acellular pertussis (Tdap) vaccination administered on May 6, 2014, caused her to suffer a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The respondent denied that the residual effects lasted more than six months. The parties reached a settlement, and on March 8, 2016, they filed a joint stipulation. Under the terms of the stipulation, the respondent agreed to pay Sharon Long a lump sum of $50,000.00 for all damages and an additional $14,000.00 for attorneys' fees and costs. Petitioner's counsel, Jeffrey S. Pop of Jeffrey S. Pop & Associates, represented that petitioner incurred no out-of-pocket litigation expenses. Chief Special Master Nora Beth Dorsey adopted the stipulation and awarded the compensation. The case was settled via stipulation, and the public decision does not detail a specific theory of causation, clinical story, onset, symptoms, tests, treatments, or expert testimony. Theory of causation field: Petitioner Sharon Long alleged that a Tdap vaccination on May 6, 2014, caused a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied the duration of residual effects. The parties stipulated to settle the case. The public decision does not detail a specific theory of causation, mechanism, or expert testimony. The settlement award was $50,000.00 for damages and $14,000.00 for attorneys' fees and costs, totaling $64,000.00. The decision was issued by Chief Special Master Nora Beth Dorsey on May 10, 2016. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Debra Filteau Begley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00676-0 Date issued/filed: 2016-05-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/09/2016) regarding 20 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer, (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00676-UNJ Document 24 Filed 05/10/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-676V Filed: March 9, 2016 * * * * * * * * * * * * * * * * * * * * * * * * * * * * SHARON LONG, * * Petitioner, * Stipulation; Shoulder Injury (“SIRVA”); v. * Tetanus Diphtheria acellular Pertussis * (“Tdap”); Special Processing Unit (SPU); Awarding Damages; SECRETARY OF HEALTH * Attorney Fees and Costs AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA for petitioner. Debra Filteau Begley, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Special Master: On June 30, 2015, Sharon Long (“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 alleged that, as a result of receiving a Tetanus diphtheria and acellular pertussis (“Tdap”) vaccination on May 6, 2014, she suffered a shoulder injury related to vaccine administration (“SIRVA”) and experienced residual effects lasting for more than six months. (See Stipulation for Award, filed March 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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006). Case 1:15-vv-00676-UNJ Document 24 Filed 05/10/16 Page 2 of 7 8, 2016, ¶¶ 1-4 (ECF No. 19).) Respondent denies that petitioner experienced the residual effects of her SIRVA injury for more than six months. (Id., ¶. 6.) Nevertheless, the parties have agreed to settle the case. On March 8, 2016, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner: a. A lump sum of $50,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a); and b. A lump sum of $14,000.00 in the form of a check payable to petitioner and petitioner’s attorney, Jeffrey S. Pop, of Jeffrey S. Pop & Associates, for attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e). (Id, ¶ 8.) In accordance with General Order #9, petitioner’s counsel has represented that petitioner incurred no out-of-pocket litigation expenses. (Id, ¶ 8.) I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein.3 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.4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). I find the proposed amount to be reasonable. 4 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. Case 1:15-vv-00676-UNJ Document 24 Filed 05/10/16 Page 3 of 7 Case 1:15-vv-00676-UNJ Document 24 Filed 05/10/16 Page 4 of 7 Case 1:15-vv-00676-UNJ Document 24 Filed 05/10/16 Page 5 of 7 Case 1:15-vv-00676-UNJ Document 24 Filed 05/10/16 Page 6 of 7 Case 1:15-vv-00676-UNJ Document 24 Filed 05/10/16 Page 7 of 7