VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00974
Package ID: USCOURTS-cofc-1_15-vv-00974
Petitioner: Jacqueline Duff
Filed: 2016-01-22
Decided: 2016-05-19
Vaccine: Tdap
Vaccination date: 2014-09-18
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Jacqueline Duff filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a left shoulder injury following her Tdap vaccination on September 18, 2014. The case was assigned to the Special Processing Unit. Respondent conceded that Ms. Duff's injury was consistent with SIRVA and was caused-in-fact by the Tdap vaccine. Respondent also agreed that no other cause was identified, the injury lasted at least six months, and Ms. Duff met all legal prerequisites for compensation. A ruling on entitlement was issued on January 22, 2016, finding her entitled to compensation. Subsequently, on April 7, 2016, respondent filed a proffer on award of compensation, recommending $95,000.00. Ms. Duff agreed with this amount. On May 19, 2016, the Chief Special Master awarded Ms. Duff a lump sum payment of $95,000.00, representing compensation for all available damages.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00974-0
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/22/2015) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00974-UNJ Document 32 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-974V
Filed: January 22, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JACQUELINE DUFF, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus-diphtheria-acellular pertussis;
* (Tdap); Shoulder injury (SIRVA);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Glenn MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 3, 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 a left shoulder injury
following receipt of her September 18, 2014 Tetanus-diphtheria and acellular pertussis
(“Tdap”) vaccination.3 Petition at 2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 21, 2016, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
1 Because this unpublished ruling 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).
3 Petitioner’s initial petition also made reference to a right shoulder injury. However, in an amended
petition filed on December 15, 2015, petitioner indicated that the instant claim is for a left shoulder injury
only. See Amended Petition at 1, fn. 1.

Case 1:15-vv-00974-UNJ Document 32 Filed 05/04/16 Page 2 of 2
4(c) Report at 1. Specifically, respondent “has concluded that petitioner’s alleged left
shoulder injury is consistent with a SIRVA injury, and that it was caused-in-fact by the
Tdap vaccine she received on September 18, 2014.” Id. at 5. Respondent further
agrees that no other cause of petitioner’s injury has been identified, that her injury and
its sequela have lasted for at least six months, and that petitioner has met all the legal
prerequisites for compensation under the Vaccine Act.4 Id. at 5-6.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
4 Respondent’s concession is limited to petitioner’s left shoulder injury and sequela. Id. at 6. Respondent
disputes that petitioner’s right shoulder injury was vaccine-caused. Id. at 5, fn. 1.

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00974-1
Date issued/filed: 2016-05-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/07/2016) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00974-UNJ Document 33 Filed 05/19/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-974V
Filed: April 7, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JACQUELINE DUFF, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus-diphtheria-acellular pertussis
v.
* (“Tdap”); Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Glenn MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 3, 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”). Petitioner alleges that she suffered a shoulder injury following receipt of
her tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination. Petition at 1-2. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 22, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On April 7, 2016, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $95,000.00. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Based
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-00974-UNJ Document 33 Filed 05/19/16 Page 2 of 4
on the record as a whole, the undersigned finds that petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $95,000.00 in the form of a check payable to
petitioner, Jacqueline Duff. 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

Case 1:15-vv-00974-UNJ Document 33 Filed 05/19/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
*
JACQUELINE DUFF, *
*
Petitioner, *
*
v. * No. 15-974V (ECF)
* Chief Special Master
* NORA B. DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent *
* * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 22, 2016, the Chief Special Master found that a preponderance of the medical
evidence indicates that petitioner suffered a shoulder injury related to vaccine administration
(“SIRVA”), which was causally related to the tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccination she received on September 18, 2014. The parties have now addressed the amount of
compensation to be awarded in this case.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a total lump sum of $95,000.00, which amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

Case 1:15-vv-00974-UNJ Document 33 Filed 05/19/16 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $95,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ GLENN A. MACLEOD
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4122
DATE: April 7, 2016
2