VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00321
Package ID: USCOURTS-cofc-1_16-vv-00321
Petitioner: Phillip Herrera
Filed: 2016-10-13
Decided: 2017-01-11
Vaccine: Tdap
Vaccination date: 2013-04-23
Condition: nodular fasciitis
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Phillip Herrera filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2016, alleging that he developed nodular fasciitis after receiving a Tetanus, Diphtheria, acellular Pertussis (Tdap) vaccine on April 23, 2013. Mr. Herrera alleged he received the vaccine in the United States, suffered the effects of his injury for more than six months, and had not filed a civil suit or received other compensation for his alleged vaccine-caused injury. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Herrera's nodular fasciitis or any other injury or current condition. Despite the respondent's denial, the parties filed a joint stipulation on October 13, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The parties stipulated that Mr. Herrera would receive a lump sum of $90,000.00, payable to petitioner, representing compensation for all items of damages available under the Vaccine Act. The public decision does not detail the specific theory of causation, time to onset, symptoms, medical tests, treatments, or expert witnesses. The decision was based on the joint stipulation of the parties.

Theory of causation field:
Petitioner Phillip Herrera alleged that he developed nodular fasciitis after receiving a Tdap vaccine on April 23, 2013. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. Petitioner was awarded $90,000.00 as a lump sum. The public decision does not specify a theory of causation, expert testimony, or the mechanism of injury. The decision was based on a joint stipulation, not a finding of causation after litigation. The case was handled by Jerome A. Konkel for the petitioner and Lara A. Englund for the respondent, with Chief Special Master Nora Beth Dorsey issuing the decision on January 11, 2017.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00321-0
Date issued/filed: 2017-01-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/13/2016) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00321-UNJ Document 22 Filed 01/11/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-321V
Filed: October 13, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PHILLIP HERRERA, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Tetanus, Diptheria, acellular Pertussis
* (“Tdap”) Vaccine; Nodular Fasciitis;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jerome A. Konkel, Samster, Konkel & Safran, SC, Milwaukee, WI, for petitioner.
Lara A. Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 14, 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 he developed nodular fasciitis after receiving the
tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on April 23, 2013. Petition at 1;
see also Stipulation, filed Oct. 13, 2016, at ¶¶ 1-2, 4. Petitioner further alleged that he
received the Tdap vaccine in the United States, that he suffered the effects of his injury
for more than six months, and that he has not filed a civil suit or received compensation
for his injury, alleged as vaccine caused. Petition at ¶¶ 2, 8, 10; see also Stipulation at
¶¶ 3-5. “Respondent denies that the Tdap vaccine is the cause of petitioner’s nodular
fasciitis or any other injury or his current condition.” Stipulation at ¶ 6.
Nevertheless, on October 13, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-00321-UNJ Document 22 Filed 01/11/17 Page 2 of 7
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 $90,000.00 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-00321-UNJ Document 22 Filed 01/11/17 Page 3 of 7

Case 1:16-vv-00321-UNJ Document 22 Filed 01/11/17 Page 4 of 7

Case 1:16-vv-00321-UNJ Document 22 Filed 01/11/17 Page 5 of 7

Case 1:16-vv-00321-UNJ Document 22 Filed 01/11/17 Page 6 of 7

Case 1:16-vv-00321-UNJ Document 22 Filed 01/11/17 Page 7 of 7