VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01192
Package ID: USCOURTS-cofc-1_15-vv-01192
Petitioner: Victoria Thompson
Filed: 2015-10-13
Decided: 2016-05-25
Vaccine: Tdap
Vaccination date: 2014-11-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70510.04

AI-assisted case summary:
On October 13, 2015, Victoria Thompson filed a Vaccine Program petition after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on November 3, 2014. She alleged that the Tdap shot caused a shoulder injury related to vaccine administration, or SIRVA, and that the residual effects lasted more than six months.

The public decision is based on a joint stipulation and contains limited clinical detail. It states the vaccine, date, alleged SIRVA, and duration allegation, but it does not provide a treatment timeline, diagnostic testing, or expert analysis. Respondent denied that the Tdap vaccine caused Thompson to suffer SIRVA or any other injury.

The parties nevertheless filed a joint stipulation on May 23, 2016 agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it on May 25, 2016. Thompson was awarded a lump sum of $70,510.04, payable to her, representing all damages available under section 15(a). She was represented by Maximillian Muller of Muller Brazil, LLP.

Theory of causation field:
Tetanus-diphtheria-acellular pertussis (Tdap) vaccine (November 3, 2014) alleged to cause shoulder injury related to vaccine administration (SIRVA) with residual effects for more than six months. COMPENSATED by joint stipulation. Respondent denied that Tdap caused SIRVA or any other injury; public stipulation provides limited clinical facts. Chief Special Master Nora Beth Dorsey adopted the stipulation on May 25, 2016. Award: $70,510.04 lump sum payable to Victoria Thompson for all section 15(a) damages. Attorney: Maximillian Muller, Muller Brazil, LLP, Dresher, PA.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-01192-0
Date issued/filed: 2016-06-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/25/2016) regarding 15 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01192-UNJ Document 20 Filed 06/21/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1192V
Filed: May 25, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
VICTORIA THOMPSON, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Tetanus-Diphtheria-acellular Pertussis
* (“Tdap”) Vaccination; 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.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 13, 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”) which was caused-in-fact by her November 3, 2014 Tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccination. Stipulation, filed May 23, 2016, at ¶¶
2, 4; see also Petition at 1. Petitioner further alleges that she suffered the residual
effects of this injury for more than six months, and that she has received no prior
settlement or award as compensation for this injury. Petition at ¶¶ 20, 22; Stipulation at
¶¶ 4-5. “Respondent denies that the Tdap vaccine caused petitioner to suffer SIRVA, or
any other injury.” Stipulation at ¶ 6.
Nevertheless, on May 23, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-01192-UNJ Document 20 Filed 06/21/16 Page 2 of 7
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 $70,510.04 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

Case 1:15-vv-01192-UNJ Document 20 Filed 06/21/16 Page 3 of 7

Case 1:15-vv-01192-UNJ Document 20 Filed 06/21/16 Page 4 of 7

Case 1:15-vv-01192-UNJ Document 20 Filed 06/21/16 Page 5 of 7

Case 1:15-vv-01192-UNJ Document 20 Filed 06/21/16 Page 6 of 7

Case 1:15-vv-01192-UNJ Document 20 Filed 06/21/16 Page 7 of 7