VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00292
Package ID: USCOURTS-cofc-1_16-vv-00292
Petitioner: Gail M. Schrank
Filed: 2016-11-30
Decided: 2017-03-09
Vaccine: Tdap
Vaccination date: 2014-03-04
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Gail M. Schrank filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2016. She alleged that a Tetanus-diphtheria-acellular pertussis (Tdap) vaccination administered into her left shoulder on March 4, 2014, caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Schrank is entitled to compensation. The respondent concluded that the evidence established that the Tdap vaccine caused her shoulder injury and that the injury was not due to unrelated factors. The respondent also agreed that the six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence, the Chief Special Master found that Ms. Schrank is entitled to compensation. The case was assigned to the Special Processing Unit, and this ruling addressed entitlement, with damages to be determined later.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00292-0
Date issued/filed: 2017-03-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/30/2016) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00292-UNJ Document 40 Filed 03/09/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0292V
Filed: November 30, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GAIL M. SCHRANK, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Kristin M. Cafferty, Habush, Habush & Rottier, S.C., Racine, WI, for petitioner.
Alice Isabel Legal Tayman, U.S. Dep’t of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 2, 2016, Gail M. Schrank (“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 as a result of receiving a Tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccination in her left shoulder on March 4, 2014,
she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”). Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On November 30, 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 has concluded that a preponderance of the
evidence establishes that the injury to petitioner’s left shoulder was caused by the
administration of the March 4, 2014 Tdap vaccine, and that petitioner’s injury is not due
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-00292-UNJ Document 40 Filed 03/09/17 Page 2 of 2
to factors unrelated to the administration of that vaccination. Id. at 5. Respondent
further agrees that the six month sequela requirement has been satisfied. Id.
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