VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01379 Package ID: USCOURTS-cofc-1_15-vv-01379 Petitioner: Barbara J. Smith Filed: 2015-11-16 Decided: 2016-05-31 Vaccine: Tdap Vaccination date: 2014-10-10 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 85000 AI-assisted case summary: Barbara J. Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on November 16, 2015, alleging a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on October 10, 2014. The respondent conceded entitlement, stating that the petitioner's injury was consistent with SIRVA and caused by the Tdap vaccine, with no other identified causes. The respondent also confirmed that the petitioner had suffered sequelae for more than six months, meeting all legal prerequisites for compensation. A ruling on entitlement was issued on April 25, 2016, finding the petitioner entitled to compensation. Subsequently, on April 27, 2016, the respondent filed a proffer recommending an award of $85,000.00, which the petitioner agreed to. The decision awarding damages, dated May 31, 2016, granted the petitioner a lump sum payment of $85,000.00 for all available damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01379-0 Date issued/filed: 2016-05-31 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/25/2016) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01379-UNJ Document 23 Filed 05/31/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1379V Filed: April 25, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * BARBARA J. SMITH, * * Petitioner, * Ruling on Entitlement; Concession; * Tetanus-Diphtheria-Acellular-Pertussis V. * Vaccine (“TDaP”); Shoulder Injury SECRETARY OF HEALTH * Related to Vaccine Administration Unit AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit * (“SPU”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Laurie C. TeWinkle, Law Offices of L.C. TeWinkle, LLC, Erie, PA, for petitioner. Gordon Elliot Shemin, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On November 16, 2015, Barbara J. Smith (“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 as a result of a tetanus-diphtheria-acellular pertussis (“TDaP”) vaccine she received on October 10, 2014. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 25, 2016, 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 “petitioner’s injury is consistent with shoulder injury related to vaccine administration (SIRVA), and that it was caused in fact by the TDaP vaccine administered on October 10, 2014.” Id. at 2. Respondent further states that she “did not identify any other causes for petitioner’s SIRVA, and evidence shows 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. 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-01379-UNJ Document 23 Filed 05/31/16 Page 2 of 2 that she has suffered the sequela of her injury for more than six months,” thus, “petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 2- 3. 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-01379-1 Date issued/filed: 2016-05-31 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 04/27/2016) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01379-UNJ Document 24 Filed 05/31/16 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1379V Filed: April 27, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * BARBARA J. SMITH, * * 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Laurie C. TeWinkle, Law Offices of L.C. TeWinkle, LLC, Erie, PA, for petitioner. Gordon Elliot Shemin, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On November 16, 2015, Barbara J. Smith (“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 as a result of a tetanus-diphtheria-acellular pertussis (“TDaP”) vaccine she received on October 10, 2014. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 25, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation. On April 27, 2016, respondent filed a proffer on award of compensation (“Proffer”) stating that petitioner should be awarded $85,000.00. 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-01379-UNJ Document 24 Filed 05/31/16 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 $85,000.00, in the form of a check payable to petitioner, Barbara J. Smith. 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-01379-UNJ Document 24 Filed 05/31/16 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) BARBARA J. SMITH, ) ) Petitioner, ) No. 15-1379V ) Chief Special Master Dorsey v. ) 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 April 25, 2016, conceding entitlement in this case. Based upon the evidence of record, respondent proffers that petitioner should be awarded $85,000.00, which represents all elements of competition to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) for her vaccine-related injury. Petitioner agrees. II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $85,000.00 in the form of a check payable to petitioner.1 Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 pain and suffering, and future lost wages. Case 1:15-vv-01379-UNJ Document 24 Filed 05/31/16 Page 4 of 4 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 LISA A. WATTS Senior Trial Attorney Torts Branch, Civil Division /s/ Gordon Shemin GORDON SHEMIN Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-4208 Dated: April 27, 2016.