VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00450
Package ID: USCOURTS-cofc-1_16-vv-00450
Petitioner: Kristen Bell
Filed: 2016-08-26
Decided: 2017-06-15
Vaccine: tetanus
Vaccination date: 2015-04-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Kristen Bell filed a petition for compensation under the National Vaccine Injury Compensation Program on April 11, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus vaccination on April 30, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 26, 2016, conceding that Ms. Bell was entitled to compensation. The respondent concluded that Ms. Bell's alleged injury was consistent with SIRVA and that a preponderance of the evidence established that her SIRVA was caused-in-fact by the tetanus vaccination. The respondent further agreed that Ms. Bell had satisfied all legal prerequisites for compensation under the Vaccine Act. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 26, 2016, finding Ms. Bell entitled to compensation based on the respondent's concession and the evidence. On January 25, 2017, the parties filed a joint stipulation for damages. The public decision on the joint stipulation was issued on June 15, 2017. In the stipulation, Ms. Bell alleged that the vaccine was administered within the United States, she had experienced residual effects of the injury for more than six months, and there had been no prior award or settlement of a civil action for damages on her behalf. The parties stipulated that Ms. Bell would receive $75,000.00 as compensation for all items of damages available under the Vaccine Act. Chief Special Master Dorsey adopted the stipulation and approved the requested amount. Petitioner's counsel was Diana Sedar and Diana Stadelnikas of Maglio Christopher and Toale, PA. Respondent's counsel was William Powers of the U.S. Department of Justice. The decision on damages was issued by Chief Special Master Nora Beth Dorsey.

Theory of causation field:
Petitioner Kristen Bell alleged a shoulder injury related to vaccine administration (SIRVA) following a tetanus vaccination on April 30, 2015. The respondent, Secretary of Health and Human Services, conceded entitlement, concluding that the injury was consistent with SIRVA and was caused-in-fact by the vaccination. The public text does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No experts were named in the public text. The case proceeded to a joint stipulation on damages, where the parties agreed to a lump sum award of $75,000.00 for all damages under the Vaccine Act. This was an off-Table theory. The ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on August 26, 2016, and the decision on damages, adopting the stipulation, was issued by Chief Special Master Nora Beth Dorsey on June 15, 2017. Petitioner's counsel was Maglio Christopher and Toale, PA (Diana Sedar, Diana Stadelnikas), and respondent's counsel was William Powers.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00450-0
Date issued/filed: 2016-11-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/26/2016) regarding 20 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00450-UNJ Document 26 Filed 11/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-450V
Filed: August 26, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KRISTEN BELL, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Tetanus; Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
William Powers, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 11, 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 alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following a tetanus vaccination on April 30, 2015. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 26, 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 concluded that petitioner’s alleged injury is consistent with
SIRVA, and a preponderance of evidence establishes that her SIRVA was caused-in-
fact by the tetanus vaccination she received on April 30, 2015 Id. at 3. Respondent
further agrees that petitioner has satisfied all legal prerequisites for compensation under
the Vaccine Act. Id.
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-00450-UNJ Document 26 Filed 11/02/16 Page 2 of 2
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00450-1
Date issued/filed: 2017-06-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/26/2017) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00450-UNJ Document 43 Filed 06/15/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-450V
Filed: January 26, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KRISTEN BELL, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Tetanus; Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
William Powers, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 11, 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 alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following a tetanus vaccination on April 30, 2015. Petition at 1;
Stipulation, filed January 25, 2017, at ¶ ¶ 2, 4. Petitioner further alleges that the vaccine
was administered within the United States, she has experienced residual effects of this
injury for more than six months, and there has been no prior award or settlement of a
civil action for damages on her behalf as a result of her condition. Petition at 1-3;
Stipulation at ¶¶ 3-6.
On August 26, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On January 25, 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-00450-UNJ Document 43 Filed 06/15/17 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 $75,000.00 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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