VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00809
Package ID: USCOURTS-cofc-1_16-vv-00809
Petitioner: Luisa Gomes
Filed: 2016-12-15
Decided: 2018-05-17
Vaccine: Tdap
Vaccination date: 2013-07-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75276

AI-assisted case summary:
Luisa Gomes filed a petition for compensation under the National Vaccine Injury Compensation Program on July 7, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) in her right shoulder following a Tetanus-diphtheria-acellular-pertussis (Tdap) vaccination on July 16, 2013. The case was assigned to the Special Processing Unit. On December 15, 2016, the respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent concluded that a preponderance of evidence established that the injury to petitioner’s right shoulder was caused by the Tdap vaccination and agreed that the injury was compensable as a "caused-in-fact" injury under the Vaccine Act. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on December 15, 2016, finding Luisa Gomes entitled to compensation. Subsequently, on July 10, 2017, the respondent filed a proffer on award of compensation, recommending an award of $75,276.18, which the petitioner agreed to. In a decision dated May 17, 2018, Chief Special Master Dorsey awarded Luisa Gomes a lump sum payment of $75,276.18, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner counsel was Ronald Homer of Conway, Homer, P.C. Respondent counsel was Traci R. Patton of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond it being a SIRVA caused by the vaccination.

Theory of causation field:
Petitioner Luisa Gomes alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) in her right shoulder following a Tetanus-diphtheria-acellular-pertussis (Tdap) vaccination on July 16, 2013. The respondent conceded entitlement, agreeing that the injury was "caused-in-fact" by the vaccination. The specific medical mechanism, onset, symptoms, tests, or treatments were not detailed in the public decision. The case resulted in a compensated outcome. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on December 15, 2016, and a Decision Awarding Damages on May 17, 2018, awarding a lump sum of $75,276.18. Petitioner was represented by Ronald Homer, and respondent by Traci R. Patton. The theory of causation was "Off-Table" as it was a "caused-in-fact" concession.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00809-0
Date issued/filed: 2017-04-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/15/2016) regarding 16 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. Modified on 6/19/2017 to correct docket text (kh).
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Case 1:16-vv-00809-UNJ Document 28 Filed 04/20/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-809V
Filed: December 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LUISA GOMES, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Tetanus-Diphtheria-Acellular-Pertussis
* (“Tdap”); Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homber, P.C., Boston, MA, for petitioner.
Alice Tayman, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 7, 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”) as a result of a tetanus-diphtheria-acellular-pertussis (“Tdap”)
vaccination in her right shoulder on July 16, 2013. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On December 15, 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 a preponderance of evidence
established that the injury to petitioner’s right shoulder was caused by the July 16, 2013
Tdap vaccination. Id. at 3. Respondent further agrees that petitioner’s right shoulder
injury is compensable as a “caused-in-fact” injury under the Vaccine Act. Id. at 4.
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-00809-UNJ Document 28 Filed 04/20/17 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-00809-2
Date issued/filed: 2018-05-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/11/2017) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-00809-UNJ Document 48 Filed 05/17/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-809V
Filed: July 11, 2017
UNPUBLISHED
LUISA GOMES,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Tetanus Diphtheria acellular
v.
Pertussis (Tdap) Vaccine; Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND
Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 7, 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-diphtheria-acellular-pertussis (“Tdap”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On December 15, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On July 10, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $75,276.18.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with 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-00809-UNJ Document 48 Filed 05/17/18 Page 2 of 4
proffered award. Based on the record as a whole, the undersigned finds that petitioner
is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $75,276.18 in the form of a check payable to
petitioner, Luisa Gomes. This amount represents compensation for all damages that
would be available under § 300aa-15(a).
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-00809-UNJ Document 48 Filed 05/17/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LUISA GOMES,
)
)
Petitioner,
) No. 16-809V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On December 15, 2016, Chief Special Master Dorsey issued a Ruling on Entitlement
finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to
Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that
petitioner should be awarded $75,276.18. This amount represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $75,276.18, in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.

Case 1:16-vv-00809-UNJ Document 48 Filed 05/17/18 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 353-1589
Dated: July 10, 2017