VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01269
Package ID: USCOURTS-cofc-1_16-vv-01269
Petitioner: Tammy Gortmaker
Filed: 2017-07-11
Decided: 2018-05-17
Vaccine: influenza
Vaccination date: 2015-10-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Tammy Gortmaker filed a petition for compensation under the National Vaccine Injury Compensation Program on July 11, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 10, 2015. The petition stated the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for this condition. The respondent denied that the flu immunization caused her alleged adhesive capsulitis or any other injuries. Despite the denial, the parties filed a joint stipulation on July 7, 2017, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and awarded Tammy Gortmaker a lump sum of $110,000.00 for all items of damages. This decision was entered on May 17, 2018. Paul R. Brazil represented the petitioner, and Daniel Anthony Principato represented the respondent.

Theory of causation field:
Petitioner Tammy Gortmaker alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 10, 2015. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The Special Master adopted the stipulation. The public decision does not describe the specific mechanism of injury, expert testimony, or the medical evidence presented. The award was a lump sum of $110,000.00 for all damages. The theory of causation was based on the "Table" as indicated by the provided fields, but no specific details of the table category or its application were detailed in the public decision text. The decision was entered on May 17, 2018, by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Daniel Anthony Principato.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01269-0
Date issued/filed: 2018-05-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/11/2017) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01269-UNJ Document 32 Filed 05/17/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1269V
Filed: July 11, 2017
UNPUBLISHED
TAMMY GORTMAKER,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Shoulder Injury
v.
Related to Vaccine Administration
(SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 5, 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 an influenza (“flu”) vaccination on October 10, 2015.
Petition at 1; Stipulation, filed July 7, 2017, at ¶¶ 1, 4. Petitioner further alleges that the
vaccine was administered within the United States, that she experienced the residual
effects of this condition for more than six months, and that there has been no prior
award or settlement of a civil action for damages as a result of her condition. Petition at
1, 3; Stipulation at ¶¶ 2-5. “Respondent denies that the flu immunization is the cause of
petitioner’s alleged adhesive capsulitis, and/or any other injuries.” Stipulation at ¶ 6.
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-01269-UNJ Document 32 Filed 05/17/18 Page 2 of 7
Nevertheless, on July 7, 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 $110,000.00 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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