VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01590 Package ID: USCOURTS-cofc-1_16-vv-01590 Petitioner: Claire Dunne Filed: 2016-11-30 Decided: 2018-01-08 Vaccine: Tdap Vaccination date: 2015-09-20 Condition: left shoulder injuries Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Claire Dunne filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2016. She alleged that she suffered left shoulder injuries caused in fact by the tetanus, diphtheria, and pertussis (Tdap) vaccine she received on September 20, 2015. Ms. Dunne stated that she received the vaccination in the United States, that the residual effects of her injuries lasted for more than six months, and that neither she nor any other party had filed a civil action or received compensation for her alleged vaccine-caused injuries. The Secretary of Health and Human Services, respondent, denied that the Tdap immunization caused Ms. Dunne's alleged shoulder injuries or any other injury or condition. On January 8, 2018, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable. The decision adopted the stipulation as the Court's decision. Pursuant to the stipulation, Chief Special Master Dorsey awarded Claire Dunne a lump sum of $45,000.00, payable by check to the petitioner, as compensation for all items of damages. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Traci R. Patton of the U.S. Department of Justice. The decision was issued on January 8, 2018, and subsequently posted on April 11, 2018. Theory of causation field: Petitioner Claire Dunne alleged that she suffered left shoulder injuries caused in fact by the tetanus, diphtheria, and pertussis (Tdap) vaccine administered on September 20, 2015. The respondent denied that the Tdap immunization caused the alleged shoulder injuries. The parties filed a joint stipulation for damages, agreeing to an award. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, or treatments. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $45,000.00 for all items of damages. The decision was issued on January 8, 2018. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Traci R. Patton. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01590-0 Date issued/filed: 2018-04-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/8/2018) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01590-UNJ Document 35 Filed 04/11/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1590V Filed: January 8, 2018 UNPUBLISHED CLAIRE DUNNE, Special Processing Unit (SPU); Joint Petitioner, Stipulation on Damages; Tetanus v. Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Injury Related to SECRETARY OF HEALTH AND Vaccine Administration (SIRVA) HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On November 30, 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 alleged that she suffered left shoulder injuries caused in fact by the tetanus, diphtheria, and pertussis (“Tdap”) vaccine she received on September 20, 2015. Petition at 1, ¶¶ 2, 12; Stipulation, filed Jan. 8, 2018, at ¶¶ 1-2, 4. Petitioner further alleged that she received the vaccination in the United States, suffered the residual effects of her injuries for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her injuries alleged as vaccine caused. Petition at ¶¶ 2, 12-14; Stipulation at ¶¶ 3-5. “Respondent denies that the Tdap immunization is the cause of petitioner’s alleged shoulder injuries or any other injury or condition.” 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-01590-UNJ Document 35 Filed 04/11/18 Page 2 of 7 Nevertheless, on January 8, 2018, 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 $45,000.00 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 § 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-01590-UNJ Document 35 Filed 04/11/18 Page 3 of 7 Case 1:16-vv-01590-UNJ Document 35 Filed 04/11/18 Page 4 of 7 Case 1:16-vv-01590-UNJ Document 35 Filed 04/11/18 Page 5 of 7 Case 1:16-vv-01590-UNJ Document 35 Filed 04/11/18 Page 6 of 7 Case 1:16-vv-01590-UNJ Document 35 Filed 04/11/18 Page 7 of 7