VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00584
Package ID: USCOURTS-cofc-1_16-vv-00584
Petitioner: Rebecca Schleif
Filed: 2016-09-28
Decided: 2018-04-05
Vaccine: Tdap
Vaccination date: 2013-12-19
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 182500

AI-assisted case summary:
Rebecca Schleif filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury caused by her Tdap vaccination on December 19, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the evidence established that the injury was caused-in-fact by the Tdap vaccine and was not due to unrelated factors. The respondent also agreed that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence, the Chief Special Master found that Rebecca Schleif was entitled to compensation. Subsequently, the parties filed a joint stipulation on damages. The stipulation stated that there was not a preponderance of evidence demonstrating that the injury was due to a factor unrelated to the immunization, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition. The parties agreed that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Rebecca Schleif was awarded a lump sum of $182,500.00, representing compensation for all items of damages available under the Vaccine Act.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00584-0
Date issued/filed: 2016-12-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/28/2016) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00584-UNJ Document 24 Filed 12/05/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-584V
Filed: September 28, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
REBECCA SCHLEIF, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Tetanus-diphtheria-acellular pertussis;
* Tdap; Shoulder Injury: SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 17, 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 left shoulder injury caused-in-fact by her
December 19, 2013 tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On September 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 ” has concluded that a preponderance of
evidence establishes that the injury to petitioner’s left shoulder was caused-in-fact by
the administration of her December 19, 2013, Tdap vaccine, and that petitioner’s injury
is not due to factors unrelated to the administration of the Tdap vaccine.” Id. at 3.
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-00584-UNJ Document 24 Filed 12/05/16 Page 2 of 2
Respondent further agrees that the statutory six month sequela requirement has been
satisfied and that petitioner. 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

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00584-2
Date issued/filed: 2018-04-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/28/2017) regarding 42 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-00584-UNJ Document 50 Filed 04/05/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-584V
Filed: June 28, 2017
UNPUBLISHED
REBECCA SCHLEIF,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Tetanus
Petitioner,
Diphtheria acellular Pertussis (Tdap)
v.
Vaccine; Shoulder Injury Related to
Vaccine Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Andrew Mark Krueger, Krueger & Hernandez, S.C., Middleton, WI, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 17, 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 left shoulder injury caused by her receipt of
her October 19, 2013 Tdap vaccination. Petition at 1; Stipulation, filed June 28, 2017,
at ¶ 4. The parties stipulate that there is not a preponderance of evidence
demonstrating that petitioner’s left shoulder injury was due to a factor unrelated to her
October 19, 2013 immunization. Stipulation at ¶5. Petitioner further alleges that she
experienced residual effects or complications of her injury for more than six months and
that 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 2; Stipulation at ¶¶ 6-7. Accordingly, the
parties stipulate that a decision should be entered awarding compensation as described
in the Stipulation. Stipulation at ¶ 8.
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-00584-UNJ Document 50 Filed 04/05/18 Page 2 of 7
On June 28, 2017, the parties filed the attached joint stipulation, stating that a
decision should be entered awarding compensation. The undersigned 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 $182,500.00 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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