VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01156
Package ID: USCOURTS-cofc-1_15-vv-01156
Petitioner: Allison Villafane
Filed: 2015-10-08
Decided: 2016-11-02
Vaccine: Tdap
Vaccination date: 2014-11-01
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Allison Villafane filed a petition for compensation under the National Vaccine Injury Compensation Program on October 8, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus-diphtheria-accellular pertussis (Tdap) vaccine on November 1, 2014. Ms. Villafane stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for this injury. The respondent denied that the Tdap vaccination caused her alleged injuries or current condition. Despite the respondent's denial, the parties filed a joint stipulation on August 31, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Allison Villafane was awarded a lump sum of $50,000.00 as compensation for all items of damages. The decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Maximillian Muller of Muller Brazil, LLP, represented the petitioner, and Alexis Babcock of the U.S. Department of Justice represented the respondent.

Theory of causation field:
Petitioner Allison Villafane alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on November 1, 2014. The respondent denied that the vaccination caused the alleged injuries or current condition. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $50,000.00. The public decision does not detail the specific theory of causation, mechanism of injury, or name any medical experts. The case was resolved via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01156-0
Date issued/filed: 2016-11-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/31/2016) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01156-UNJ Document 30 Filed 11/02/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1156V
Filed: August 31, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALLISON VILLAFANE, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Tetanus-Diphtheria-Aceullar
* Pertussis (“Tdap”); Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing
* Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 8, 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 related to vaccine
administration (“SIRVA”) following the administration of a Tetanus-diphtheria-accellular
pertussis (“Tdap”) vaccine on November 1, 2014. Petition at 1; Stipulation, filed August
31, 2016, at ¶¶ 1, 2. Petitioner further alleges the vaccine was administered within the
United States, she experienced residual effects of this injury for more than six months,
and there has been no prior award or settlement of a civil action for damages as a result
of her alleged injury. Petition at 3; Stipulation at ¶¶ 3-5. “Respondent denies that
petitioner’s alleged injuries were caused-in-fact by her Tdap vaccination, and denies
that the vaccine caused any other injury or her current condition. ” Stipulation 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-01156-UNJ Document 30 Filed 11/02/16 Page 2 of 7
Nevertheless, on August 31, 2016, 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:
A lump sum of $50,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
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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