VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01399 Package ID: USCOURTS-cofc-1_16-vv-01399 Petitioner: William Bojduj Filed: 2017-06-23 Decided: 2018-04-05 Vaccine: Tdap Vaccination date: 2015-04-09 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 85000 AI-assisted case summary: William Bojduj filed a petition for compensation under the National Vaccine Injury Compensation Program on June 23, 2017, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by a tetanus-diphtheria (Td) vaccination he received on April 9, 2015. He stated the vaccination occurred in the United States and that his injury caused sequelae lasting more than six months. He also represented that he had not received any prior award or settlement for this injury. Respondent denied that the Td immunization caused petitioner's alleged SIRVA or any other injury. Despite this denial, the parties filed a joint stipulation on damages on June 21, 2017. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, William Bojduj was awarded a lump sum of $85,000.00, representing compensation for all items of damages available under the Vaccine Act. The clerk of the court was directed to enter judgment in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01399-0 Date issued/filed: 2018-04-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/23/2017) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01399-UNJ Document 29 Filed 04/05/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1399V Filed: June 23, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * WILLIAM BOJDUJ, * * Petitioner, * Joint Stipulation on Damages; v. * Tetanus-diphtheria (Td) Vaccine; * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (SIRVA); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Diane Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On October 26, 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 he suffered a Shoulder Injury Related to Vaccine Administration caused by his tetanus-diphtheria (“Td”) vaccination administered on April 9, 2015. Stipulation, filed June 21, 2017, at ¶¶ 2, 4; see generally Petition. Petitioner further alleges that he received his vaccination in the United States, and that he suffered the sequela of his injury for more than six months. Stipulation at ¶¶ 3-4; Petition at ¶¶ 2, 13. Petitioner additionally represents that there has been no previous award received, or settlement of a civil action for damages on his behalf as a result of his injury. Stipulation at ¶ 5; Petition at ¶¶ 15-16. “Respondent denies that the Td immunization is the cause of petitioner’s alleged SIRVA and/or any other injury.” 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-01399-UNJ Document 29 Filed 04/05/18 Page 2 of 7 Nevertheless, on June 21, 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 $85,000.00 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-01399-UNJ Document 29 Filed 04/05/18 Page 3 of 7 Case 1:16-vv-01399-UNJ Document 29 Filed 04/05/18 Page 4 of 7 Case 1:16-vv-01399-UNJ Document 29 Filed 04/05/18 Page 5 of 7 Case 1:16-vv-01399-UNJ Document 29 Filed 04/05/18 Page 6 of 7 Case 1:16-vv-01399-UNJ Document 29 Filed 04/05/18 Page 7 of 7