VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00181
Package ID: USCOURTS-cofc-1_16-vv-00181
Petitioner: Alison Clark
Filed: 2017-11-07
Decided: 2018-03-01
Vaccine: Tdap
Vaccination date: 2014-07-19
Condition: bilateral shoulder pain
Outcome: compensated
Award amount USD: 130000

AI-assisted case summary:
Alison Clark filed a petition for compensation under the National Vaccine Injury Compensation Program on February 5, 2016, alleging that she suffered from bilateral shoulder pain as a result of receiving the hepatitis A, hepatitis B, and Tdap vaccines on July 19, 2014. She further alleged that her vaccine-related injuries lasted more than six months. The respondent denied that the vaccines caused her bilateral shoulder pain or any other injury. Nevertheless, on November 7, 2017, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, the court awarded Alison Clark a lump sum of $130,000.00, payable to the petitioner, as compensation for all items of damages available under the Vaccine Act. The decision was entered on March 1, 2018. Petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, or any expert testimony.

Theory of causation field:
Petitioner Alison Clark alleged that she suffered from bilateral shoulder pain as a result of receiving the hepatitis A, hepatitis B, and Tdap vaccines on July 19, 2014, and that the injury lasted more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $130,000.00. The specific theory of causation, medical experts, and detailed factual basis for the stipulation are not described in the public decision. The case was filed on February 5, 2016, and the decision on stipulation was entered on March 1, 2018. Petitioner's counsel was Amber Diane Wilson, and respondent's counsel was Sarah Christina Duncan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00181-0
Date issued/filed: 2018-03-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/7/2017) regarding 51 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-00181-UNJ Document 55 Filed 03/01/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0181V
Filed: November 7, 2017
UNPUBLISHED
ALISON CLARK,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Hepatitis A
Petitioner,
(Hep A) Vaccine; Hepatitis B (Hep B)
v.
Vaccine; Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 5, 2016, Alison Clark (“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 from bilateral shoulder
pain as a result of receiving the hepatitis A, hepatitis B, and Tdap vaccines on July 19,
2014. Petition at 1; Stipulation, filed November 7, 2017, at ¶¶ 2, 4. Petitioner further
alleges that her vaccine related injuries have lasted more than six months. Petition at 4;
Stipulation at ¶ 4. “Respondent denies that the hepatitis A, hepatitis B, and Tdap
vaccines caused petitioner to suffer from bilateral shoulder pain or any other injury.”
Stipulation at ¶ 6.
Nevertheless, on November 7, 2017, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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-00181-UNJ Document 55 Filed 03/01/18 Page 2 of 7
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $130,000.00, 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

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