VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00763
Package ID: USCOURTS-cofc-1_15-vv-00763
Petitioner: Mary Jo Maleport
Filed: 2017-03-20
Decided: 2017-10-20
Vaccine: Tdap
Vaccination date: 2012-07-31
Condition: brachial neuritis and a shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 31490

AI-assisted case summary:
Mary Jo Maleport filed a petition for compensation under the National Vaccine Injury Compensation Program on March 20, 2017, alleging that she suffered brachial neuritis and a shoulder injury related to vaccine administration (SIRVA) as a result of receiving a Tdap vaccine on or about July 31, 2012. The petition stated that the vaccine was administered in the United States, that she experienced residual effects of her injury for more than six months, and that there had been no prior award or settlement of a civil action for damages. Respondent denied that the Tdap vaccine caused petitioner's alleged brachial neuritis or SIRVA, or any other injury or her current condition. On March 17, 2017, the parties filed a joint stipulation for damages, agreeing that petitioner should receive compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a total of $31,490.02. This amount included a lump sum of $30,000.00 for all damages and a lump sum of $1,490.02 to reimburse a State of Michigan lien. The $1,490.02 was to be paid via a check jointly payable to petitioner and the Michigan Department of Health and Human Services, which petitioner agreed to endorse to the department. Petitioner was represented by Mark T. Sadaka of Mark T. Sadaka, LLC, and respondent was represented by Robert P. Coleman, III, of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation field:
Mary Jo Maleport filed a petition alleging that a Tdap vaccine administered on or about July 31, 2012, caused brachial neuritis and a shoulder injury related to vaccine administration (SIRVA). Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. The award was $31,490.02, consisting of $30,000.00 for all damages and $1,490.02 for reimbursement of a State of Michigan lien. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. Petitioner was represented by Mark T. Sadaka, and respondent was represented by Robert P. Coleman, III. Chief Special Master Nora Beth Dorsey issued the decision on October 20, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00763-0
Date issued/filed: 2017-10-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/20/2017) regarding 48 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00763-UNJ Document 56 Filed 10/20/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0763V
Filed: March 20, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARY JO MALEPORT, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Tetanus-diphtheria-acellular pertussis
* (“Tdap”) Vaccine; Brachial Neuritis;
SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, * Administration (“SIRVA”); Special
* Processing Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Robert P. Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 21, 2015, Mary Jo Maleport (“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 alleges that she suffered brachial
neuritis and a shoulder injury related to vaccine administration (“SIRVA”) as a result of
receiving the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on or about July 31,
2012. Pet. at 1-2; Stip., filed Mar. 17, 2017, at ¶¶ 1, 2, 4. Petitioner further states that
the vaccine was administered in the United States, that she experienced the residual
effects of her injury for more than six months, and that there has been no prior award or
settlement of a civil action for damages as a result of her condition. Pet. at ¶¶ 2, 6; Stip.
at ¶¶ 3-5. Respondent denies that the Tdap vaccine is the cause of petitioner’s alleged
brachial neuritis or SIRVA, and/or any other injury or her current condition. 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. 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-00763-UNJ Document 56 Filed 10/20/17 Page 2 of 7
Nevertheless, on March 17, 2017, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
1) A lump sum of $30,000.00 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
2) A lump sum of $1,490.02, which amount represents reimbursement of a
State of Michigan lien, in the form of a check payable jointly to petitioner
and
Michigan Department of Health and Human Services
P.O. Box 30435
Lansing, MI 48909-7979
Attn: Christine Steel
Petitioner agrees to endorse the check to the Michigan Department of Health and
Human Services. Stip. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
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
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

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