VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00686 Package ID: USCOURTS-cofc-1_16-vv-00686 Petitioner: Candy Glascock Filed: 2016-08-16 Decided: 2016-10-31 Vaccine: Tdap Vaccination date: 2015-04-13 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: AI-assisted case summary: Candy Glascock filed a petition for compensation under the National Vaccine Injury Compensation Program on August 16, 2016, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) following a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on April 13, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Glascock is entitled to compensation. The respondent agreed that her SIRVA was caused-in-fact by the Tdap vaccination and that she met all legal prerequisites for compensation. The public decision does not describe the specific onset of symptoms, clinical presentation, diagnostic tests, or treatments. Petitioner's counsel was Michael McLaren of Black McLaren, et al., PC. Respondent's counsel was Lara Englund of the U.S. Department of Justice. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 31, 2016, finding that Ms. Glascock is entitled to compensation based on the respondent's concession. The case was proceeding to determine damages. Theory of causation field: Petitioner Candy Glascock alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on April 13, 2015. The respondent conceded that the SIRVA was caused-in-fact by the vaccination and that petitioner met all legal prerequisites for compensation. The public decision does not specify the medical mechanism of injury or name any medical experts. The case was ruled as entitled to compensation by Chief Special Master Nora Beth Dorsey on October 31, 2016, based on the respondent's concession. Petitioner's counsel was Michael McLaren, and respondent's counsel was Lara Englund. The award amount is not specified in the public text, as the case was proceeding to determine damages. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00686-0 Date issued/filed: 2016-10-31 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/16/2016) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00686-UNJ Document 22 Filed 10/31/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-686V Filed: August 16, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * CANDY GLASCOCK, * * Petitioner, * Ruling on Entitlement; Concession; v. * Tetanus-diphtheria-acellular pertussis * (“Tdap”); Shoulder Injury Related SECRETARY OF HEALTH * to Vaccine Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Michael McLaren, Black McLaren, et al., PC, Memphis, TN, for petitioner. Lara Englund, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On June 10, 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 following an April 13, 2015 tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination 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 August 16, 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 agreed that petitioner’s SIRVA was caused-in-fact by the Tdap vaccination she received on April 13, 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-00686-UNJ Document 22 Filed 10/31/16 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