VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01447 Package ID: USCOURTS-cofc-1_15-vv-01447 Petitioner: Karen Green Filed: 2015-12-01 Decided: 2017-08-03 Vaccine: Tdap Vaccination date: 2014-06-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 9500 AI-assisted case summary: Karen Green filed a petition for compensation on December 1, 2015, on behalf of herself, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus-Diphtheria-Acellular Pertussis (Tdap) vaccination on or about June 19, 2014. She claimed residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccination caused her alleged injury or condition. The parties later filed a joint stipulation agreeing that a decision should be entered awarding compensation. The stipulation awarded Karen Green a lump sum of $9,500.00 for all damages. Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court, ordering judgment to be entered in accordance with the stipulation. Petitioner was represented by Marvin Firestone of Marvin Firestone JD, MD, and Associates, and respondent was represented by Althea Davis of the United States Department of Justice. The decision was filed on August 3, 2017. Theory of causation field: Karen Green filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on or about June 19, 2014, with residual effects lasting more than six months. The respondent denied causation. The parties entered into a joint stipulation for compensation. The stipulation awarded Karen Green a lump sum of $9,500.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court. Petitioner was represented by Marvin Firestone, and respondent by Althea Davis. The decision date was August 3, 2017. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01447-0 Date issued/filed: 2017-08-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/03/2017) regarding 45 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01447-UNJ Document 46 Filed 08/29/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 3, 2017 * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED KAREN GREEN, * * No. 15-1447V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * Joint Stipulation; Tetanus-Diphtheria- AND HUMAN SERVICES, * Acellular Pertussis (“TDaP”) Vaccine; * Shoulder Injury Related to Vaccine Respondent. * Administration (“SIRVA”). * * * * * * * * * * * * * * * * * * * * * Marvin Firestone, Marvin Firestone JD, MD, and Associates, San Mateo, CA, for petitioner. Althea Davis, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 1, 2015, Karen Green (“petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (2012).2 Petitioner received the tetanus-diphtheria-acellular pertussis (“TDaP”) vaccination on or about June 19, 2014. Petitioner alleges that following her TDaP vaccination, she suffered a shoulder injury related to vaccine administration (“SIRVA”) and that she suffered the residual effects of this injury for more than six months. On August 3, 2017, the parties filed a stipulation in which they state that a decision should be entered awarded compensation to petitioner. Joint Stipulation (ECF No. 44). Respondent denies that the TDaP vaccination caused petitioner to suffer SIRVA or any other injury or her current condition. Id. at ¶ 6. Maintaining their respective positions, the parties 1 Because this decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the website of the United States Court of Federal Claims, pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012). The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:15-vv-01447-UNJ Document 46 Filed 08/29/17 Page 2 of 7 nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation to petitioner according to the terms of the joint stipulation attached hereto as Appendix A. The joint stipulation awards a lump sum of $9,500.00 in the form of a check payable to petitioner. Joint Stipulation at ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I find the stipulation reasonable and I adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:15-vv-01447-UNJ Document 46 Filed 08/29/17 Page 3 of 7 Case 1:15-vv-01447-UNJ Document 46 Filed 08/29/17 Page 4 of 7 Case 1:15-vv-01447-UNJ Document 46 Filed 08/29/17 Page 5 of 7 Case 1:15-vv-01447-UNJ Document 46 Filed 08/29/17 Page 6 of 7 Case 1:15-vv-01447-UNJ Document 46 Filed 08/29/17 Page 7 of 7