VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01172 Package ID: USCOURTS-cofc-1_15-vv-01172 Petitioner: Carol A. Marsyla Filed: 2015-12-10 Decided: 2016-05-16 Vaccine: Tdap Vaccination date: 2013-11-08 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Carol A. Marsyla filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2015, alleging that she received a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on November 8, 2013, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. On December 9, 2015, the respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation. The respondent agreed that the alleged injury was consistent with SIRVA, was caused by the Tdap vaccination, and that petitioner met the six-month duration requirement. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 10, 2015, finding petitioner entitled to compensation. Subsequently, on March 21, 2016, the parties filed a proffer on award of compensation. The respondent proffered that petitioner should be awarded $100,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a) for her vaccine-related injury, and petitioner agreed with this award. On May 16, 2016, Chief Special Master Dorsey issued a decision awarding Carol A. Marsyla a lump sum payment of $100,000.00, payable by check to petitioner. Petitioner was represented by Kate Gerayne Westad of Lommen Abdo Law Firm, and respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Carol A. Marsyla received a Tdap vaccine on November 8, 2013, and alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing the injury was consistent with SIRVA, caused by the Tdap vaccination, and met the six-month duration requirement. The case proceeded to an award based on a proffer. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 10, 2015, and a decision awarding damages on May 16, 2016. The parties stipulated to an award of $100,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a). The theory of causation was based on the respondent's concession, aligning with the "Table" category for SIRVA. No specific medical experts or detailed mechanism of injury were described in the public text. Petitioner was represented by Kate Gerayne Westad, and respondent by Debra A. Filteau Begley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01172-0 Date issued/filed: 2016-04-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/10/2015) regarding 11 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01172-UNJ Document 24 Filed 04/27/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1172V Filed: December 10, 2015 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * CAROL A. MARSYLA, * * Petitioner, * Ruling on Entitlement; Concession; * Tetanus, Diphtheria, Acellular, Pertussis * Vaccine (Tdap); Shoulder Injury SECRETARY OF HEALTH * Related to Vaccine Administration AND HUMAN SERVICES, * (SIRVA); Special Processing Unit (SPU) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Kate Gerayne Westad, Lommen Abdo Law Firm, Minneapolis, MN, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On October 9, 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 received a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on November 8, 2013, and subsequently suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 9, 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 states that she believes that the alleged injury is consistent with SIRVA and that it was caused by the administration of petitioner’s Tdap vaccination. Id. at 3. Respondent further agrees that petitioner has met the statutory requirements by suffering the condition for more than six months. Id. 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). Case 1:15-vv-01172-UNJ Document 24 Filed 04/27/16 Page 2 of 2 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 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-01172-1 Date issued/filed: 2016-05-16 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 03/21/2016) regarding 19 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01172-UNJ Document 25 Filed 05/16/16 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1172V Filed: March 21, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * CAROL A. MARSYLA, * * Petitioner, * Damages Decision Based on Proffer; * Tetanus, Diphtheria, Acellular, Pertussis v. * Vaccine (“Tdap”); Shoulder Injury SECRETARY OF HEALTH * Related to Vaccine Administration AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit * (“SPU”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Kate Gerayne Westad, Lommen Abdo Law Firm, Minneapolis, MN, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On October 9, 2015, Ms. Marsyla 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 received a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on November 8, 2013, and subsequently suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 10, 2015, a ruling on entitlement was issued finding petitioner entitled to compensation. On March 21, 2016, respondent filed a proffer on award of compensation (“Proffer”) stating petitioner should be awarded $100,000.00. Proffer at 1. In the Proffer, respondent represents that petitioner agrees with the proffered award. 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). 1 Case 1:15-vv-01172-UNJ Document 25 Filed 05/16/16 Page 2 of 4 Based 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 $100,000.00, in the form of a check payable to petitioner, Carol A. Marsyla. 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-01172-UNJ Document 25 Filed 05/16/16 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ************************************* CAROL A. MARSYLA, * * Petitioner, * No. 15-1172V * CHIEF SPECIAL MASTER v. * NORA BETH DORSEY * ECF SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * ************************************* RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s Rule 4(c) Report, filed on December 9, 2015, conceding entitlement in this case. Based upon the evidence of record, respondent proffers that petitioner should be awarded $100,000.00. This represents all elements of competition to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) for her vaccine-related injury.1 Petitioner agrees. II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering. Case 1:15-vv-01172-UNJ Document 25 Filed 05/16/16 Page 4 of 4 A lump sum payment of $100,000.00 in the form of a check payable to petitioner, Carol A. Marsyla.2 This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 ALTHEA W. DAVIS Senior Trial Counsel Torts Branch, Civil Division /s/ DEBRA A. FILTEAU BEGLEY DEBRA A. FILTEAU BEGLEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-4181 Dated: March 21, 2016 Fax: (202) 353-2988 2 This proffer does not include any award for attorneys’ fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-15(e).