VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00503 Package ID: USCOURTS-cofc-1_16-vv-00503 Petitioner: Janis Pool Filed: 2017-07-18 Decided: 2018-01-25 Vaccine: Td Vaccination date: 2014-11-11 Condition: left arm and hand pain, numbness, and weakness, as well as a decreased range of motion in her neck Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Janis Pool filed a petition for compensation under the National Vaccine Injury Compensation Program on July 18, 2017, alleging that she suffered left arm and hand pain, numbness, and weakness, as well as a decreased range of motion in her neck, as a result of a tetanus diphtheria (Td) vaccine she received on November 11, 2014. She further alleged that she experienced the residual effects of her condition for more than six months. The respondent denied that the Td immunization caused her alleged injuries. Nevertheless, on July 18, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey adopted the stipulation and awarded Janis Pool $35,000.00 as compensation for all items of damages available under the Vaccine Act. The decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the mechanism of causation. Petitioner was represented by William Patrick Ronan, III, and respondent was represented by Traci R. Patton. Theory of causation field: Petitioner Janis Pool alleged injury following a Td vaccination on November 11, 2014, resulting in left arm and hand pain, numbness, and weakness, and decreased range of motion in her neck, with residual effects lasting 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 awarded $35,000.00 to petitioner. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00503-0 Date issued/filed: 2018-01-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 7/18/2017) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00503-UNJ Document 42 Filed 01/25/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0503V Filed: July 18, 2017 UNPUBLISHED JANIS POOL, Special Processing Unit (SPU); Joint Stipulation on Damages; Tetanus Petitioner, Diphtheria (Td) Vaccine; Left v. Shoulder, Hand, and Neck Injuries SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. William Patrick Ronan, III, Ronan Law Firm, Overland Park, KS for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On April 25, 2016, Janis Pool (“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 left arm and hand pain, numbness, and weakness, as well as a decreased range of motion in her neck as a result of a tetanus diphtheria (“Td”) vaccine she received on November 11, 2014. Petition at 1, 7; Stipulation, filed July 18, 2017, at ¶ 2, 4. Petitioner further alleges that she experienced the residual effects of her condition for more than six months. Petition at 7; Stipulation at ¶ 4. “Respondent denies that the Td immunization is the cause of petitioner’s alleged shoulder, arm, and neck injuries, or the cause of any other injury or condition.” Stipulation at ¶ 6. Nevertheless, on July 18, 2017, 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-00503-UNJ Document 42 Filed 01/25/18 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. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $35,000.00, 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 Case 1:16-vv-00503-UNJ Document 42 Filed 01/25/18 Page 3 of 7 Case 1:16-vv-00503-UNJ Document 42 Filed 01/25/18 Page 4 of 7 Case 1:16-vv-00503-UNJ Document 42 Filed 01/25/18 Page 5 of 7 Case 1:16-vv-00503-UNJ Document 42 Filed 01/25/18 Page 6 of 7 Case 1:16-vv-00503-UNJ Document 42 Filed 01/25/18 Page 7 of 7