VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00229 Package ID: USCOURTS-cofc-1_16-vv-00229 Petitioner: Lana Cooper-Jones Filed: 2016-12-06 Decided: 2017-04-20 Vaccine: Tdap Vaccination date: 2014-10-07 Condition: left shoulder pain Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Lana Cooper-Jones filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2016. She alleged that she suffered left shoulder pain, identified as Shoulder Injury Related to Vaccine Administration (SIRVA), caused by the tetanus, diphtheria, acellular pertussis (Tdap) vaccine she received on October 7, 2014. Ms. Cooper-Jones further alleged that the effects of her injury lasted for more than six months and that she had not filed a civil suit or received compensation for her injury. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused the petitioner's alleged SIRVA or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on December 5, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Lana Cooper-Jones was awarded a lump sum of $50,000.00, payable by check to the petitioner, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on April 20, 2017. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Althea Davis. Theory of causation field: Petitioner Lana Cooper-Jones alleged that the Tdap vaccine administered on October 7, 2014, caused her left shoulder pain, identified as SIRVA, with effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which the Special Master adopted. Petitioner was awarded $50,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was handled by Chief Special Master Nora Beth Dorsey, with petitioner represented by Jeffrey S. Pop and respondent by Althea Davis. The decision date was April 20, 2017. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00229-0 Date issued/filed: 2017-04-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/06/2016) regarding 24 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00229-UNJ Document 33 Filed 04/20/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-229V Filed: December 6, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * LANA COOPER-JONES, * * Petitioner, * Joint Stipulation on Damages; 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Althea Davis, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On February 16, 2016, 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 alleged that she suffered left shoulder pain caused in fact by the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine she received on October 7, 2014. Petition at 1, ¶¶ 5-6, 13; see also Stipulation, filed Dec. 5, 2016, at ¶¶ 1-2, 4. Petitioner further alleged that she suffered the effects of her injury for more than six months and that she has not filed a civil suit or received compensation for her injury, alleged as vaccine caused. Petition at ¶¶ 13-14; see also Stipulation at ¶¶ 4-5. “Respondent denies that the Tdap vaccine caused the petitioner’s alleged SIRVA or any other injury or her current condition.” Stipulation at ¶ 6. Nevertheless, on December 5, 2016, 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-00229-UNJ Document 33 Filed 04/20/17 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. The parties stipulate that petitioner shall receive the following compensation: A lump sum of $50,000.00 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 § 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 1:16-vv-00229-UNJ Document 33 Filed 04/20/17 Page 3 of 7 Case 1:16-vv-00229-UNJ Document 33 Filed 04/20/17 Page 4 of 7 Case 1:16-vv-00229-UNJ Document 33 Filed 04/20/17 Page 5 of 7 Case 1:16-vv-00229-UNJ Document 33 Filed 04/20/17 Page 6 of 7 Case 1:16-vv-00229-UNJ Document 33 Filed 04/20/17 Page 7 of 7