VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01529
Package ID: USCOURTS-cofc-1_16-vv-01529
Petitioner: Joy Gilley
Filed: 2017-10-24
Decided: 2018-02-14
Vaccine: Tdap
Vaccination date: 2015-10-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 93787

AI-assisted case summary:
Joy Gilley filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered right shoulder injuries as a result of a tetanus, diphtheria, acellular pertussis (Tdap) vaccine she received on October 27, 2015. The respondent conceded that her alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA), that it was caused-in-fact by the Tdap vaccination, and that no other causes were identified. The respondent also agreed that the statutory six-month sequela requirement had been satisfied. Based on the respondent's concession and the evidence of record, the Chief Special Master found that Joy Gilley was entitled to compensation. Subsequently, a decision awarding damages was issued. The parties stipulated to an award of $93,787.75, which included a lump sum payment of $92,500.00 and $1,287.75 to satisfy a Texas Medicaid lien. This award represented compensation for all 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-01529-0
Date issued/filed: 2018-02-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/24/2017) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01529-UNJ Document 36 Filed 02/14/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1529V
Filed: October 24, 2017
UNPUBLISHED
JOY GILLEY,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Uncontested;
v. Causation-In-Fact; Tetanus
Diphtheria acellular Pertussis (Tdap)
SECRETARY OF HEALTH AND Vaccine; Shoulder Injury Related to
HUMAN SERVICES, Vaccine Administration (SIRVA)
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 16, 2016, Joy Gilley (“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 right shoulder injuries as
a result of a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine she received on
October 27, 2015. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On October 24, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent states that “petitioner’s alleged injury is consistent with a
shoulder injury related to vaccine administration (SIRVA).” Id. at 2. Respondent further
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-01529-UNJ Document 36 Filed 02/14/18 Page 2 of 2
agrees that petitioner’s SIRVA was caused-in-fact by the Tdap vaccination and that no
other causes for petitioner’s SIRVA were identified. Respondent also states that given
the medical records filed in this case, the statutory six month sequela requirement has
been satisfied. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01529-1
Date issued/filed: 2018-02-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/24/2017) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01529-UNJ Document 37 Filed 02/14/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1529V
Filed: October 24, 2017
UNPUBLISHED
JOY GILLEY,
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.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 16, 2016, Joy Gilley (“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 right shoulder injuries as
a result of a tetanus, diphtheria acellular pertussis (“Tdap”) vaccine she received on
October 27, 2015. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On October 24, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On October 24, 2017, respondent filed a combined
Rule 4(c) report and proffer on award of compensation (“Rule 4/Proffer”) indicating
petitioner should be awarded $93,787.75. Rule 4/Proffer at 3. In the Rule 4/Proffer,
respondent represented that petitioner agrees with the proffered award. Based on 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-01529-UNJ Document 37 Filed 02/14/18 Page 2 of 2
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 Rule 4/Proffer, the undersigned awards
petitioner the following:
A. A lump sum payment of $92,500.00, in the form of a check payable to
petitioner, Joy Gilley.
B. A lump sum payment of $1,287.75, representing compensation for
satisfaction of the Texas Medicaid lien, payable jointly to petitioner and
Optum
Attn: Terri Waligursky, Recovery Resolution Analyst
P.O. Box 13216
Green Bay, W.I. 54307-3216
Optum File Number: SN15624853
Medicaid ID: 521056512
Petitioner agrees to endorse this payment to Optum. These amounts 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