VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00135
Package ID: USCOURTS-cofc-1_16-vv-00135
Petitioner: Sheila Adams
Filed: 2016-08-31
Decided: 2016-12-01
Vaccine: Tdap
Vaccination date: 2014-02-02
Condition: brachial neuritis including adhesive capsulitis and left scapular dyskinesis
Outcome: compensated
Award amount USD: 108000

AI-assisted case summary:
Sheila Adams filed a petition for compensation under the National Vaccine Injury Compensation Program on August 31, 2016, alleging that she suffered brachial neuritis, adhesive capsulitis, and left scapular dyskinesis as a result of receiving a Tdap vaccine on February 2, 2014. The respondent conceded that Ms. Adams was entitled to compensation for a shoulder injury related to vaccine administration (SIRVA). The respondent's concession was limited to SIRVA, as the medical records did not support a diagnosis of brachial neuritis. Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms. Adams entitled to compensation for SIRVA. Subsequently, on December 1, 2016, a decision awarding damages was issued. The respondent proffered an award of $108,000.00, which Ms. Adams agreed to. This amount was awarded as a lump sum payment for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00135-0
Date issued/filed: 2016-11-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/31/2016) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00135-UNJ Document 29 Filed 11/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0135V
Filed: August 31, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SHEILA ADAMS, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Tetanus-diphtheria-acellular pertussis
* (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Judson Patterson, Luxon, Patterson & Himes, PLLC, Richmond, KY, for petitioner.
Adriana R. Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 27, 2016, Sheila Adams (“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 “brachial
neuritis including adhesive capsulitis and left scapular dyskinesis” as a result of
receiving a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on February 2, 2014.
Petition at ¶ 7. The case was assigned to the Special Processing Unit (“SPU”) of the
Office of Special Masters.
On August 29, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case for a shoulder injury related to
vaccine administration (“SIRVA”). Rule 4(c) Rep. at 1 n.1; 6 at n. 3. Respondent’s
opinion, based on her evaluation of the evidence, is that petitioner’s injury is consistent
with a SIRVA, and that a diagnosis of brachial neuritis is not supported by the medical
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 1:16-vv-00135-UNJ Document 29 Filed 11/02/16 Page 2 of 2
records. Id. Respondent’s concession is therefore only for a SIRVA, and the scope of
damages to be awarded is limited to this injury and its related sequelae only. Id. at 6.
Respondent further states that the medical evidence of record demonstrates petitioner
has suffered the residual effects of her condition for more than six months. Id.
Therefore, based on the record as it now stands, petitioner has satisfied all legal
prerequisites for compensation under the Act. Id.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation for SIRVA.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00135-1
Date issued/filed: 2016-12-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/23/2016) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00135-UNJ Document 30 Filed 12/01/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0135V
Filed: September 23, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SHEILA ADAMS, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Tetanus-diphtheria-acellular pertussis
* (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Judson Patterson, Luxon, Patterson & Himes, PLLC, Richmond, KY, for petitioner.
Adriana R. Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 27, 2016, Sheila Adams (“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” or “Program”). Petitioner alleged that she
suffered “brachial neuritis including adhesive capsulitis and left scapular dyskinesis” as
a result of receiving a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on
February 2, 2014. Petition at ¶ 7. The case was assigned to the Special Processing
Unit (“SPU”) of the Office of Special Masters.
On August 31, 2016, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On September 23, 2016, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $108,000.00. Proffer
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 1:16-vv-00135-UNJ Document 30 Filed 12/01/16 Page 2 of 4
at 1. In the Proffer, respondent represented that petitioner agrees with the proffered
award. Id. 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 $108,000.00 in the form of a check payable to
petitioner, Sheila Adams. 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 1:16-vv-00135-UNJ Document 30 Filed 12/01/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SHEILA ADAMS,
Petitioner,
No. 16-135V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On August 29, 2016, respondent filed a Rule 4(c) Report conceding that petitioner is
entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration
(“SIRVA”) injury. On August 31, 2016, the Chief Special Master issued a Ruling on
Entitlement adopting respondent’s recommendation.
Respondent proffers that based on the evidence of record, petitioner should be awarded
$108,000.00. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the special master’s decision
and the Court’s judgment award the following:1
1 Should petitioner die prior to entry of judgment, respondent reserves 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.
1

Case 1:16-vv-00135-UNJ Document 30 Filed 12/01/16 Page 4 of 4
A lump sum payment of $108,000.00 in the form of a check payable to petitioner,
Sheila Adams. 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
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: September 23, 2016
2