VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00020
Package ID: USCOURTS-cofc-1_17-vv-00020
Petitioner: Tanya Elizabeth Tucker, M.D.
Filed: 2017-01-05
Decided: 2018-06-28
Vaccine: influenza
Vaccination date: 2015-10-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 61014

AI-assisted case summary:
Tanya Elizabeth Tucker, M.D., filed a petition on January 5, 2017, seeking compensation under the National Vaccine Injury Compensation Program. Dr. Tucker alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on October 6, 2015. She stated that the vaccination occurred in the United States, that the effects of her injury lasted for more than six months, and that she had not received a prior award or settlement for this alleged vaccine injury. The Secretary of Health and Human Services, the respondent, denied that the influenza immunization caused Dr. Tucker's alleged SIRVA or any other injury or condition. Despite the respondent's denial, the parties filed a joint stipulation on April 2, 2018, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Dr. Tucker was awarded a lump sum of $61,014.65, payable by check to her. This amount was intended to represent compensation for all items of damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Tanya Elizabeth Tucker, M.D., alleged a shoulder injury related to vaccine administration (SIRVA) following an October 6, 2015, influenza vaccination. The respondent denied causation. The parties filed a joint stipulation on April 2, 2018, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation. The award was $61,014.65. The public decision does not detail the specific theory of causation, mechanism of injury, or expert testimony.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00020-0
Date issued/filed: 2018-06-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/02/2018) regarding 33 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:17-vv-00020-UNJ Document 43 Filed 06/28/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-20V
Filed: April 2, 2018
UNPUBLISHED
TANYA ELIZABETH TUCKER, M.D.,
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.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 5, 2017, 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 her October 6, 2015 influenza (“flu”) vaccination.
Petition at 1-2; Stipulation, filed April 2, 2018, at ¶¶ 2, 4. Petitioner further alleges that
she received her vaccination in the United States, that she suffered the effects of her
injury for more than six months, and that “there has been no prior award or settlement of
a civil action for damages on her behalf as a result of her alleged vaccine injury.”
Stipulation at ¶¶ 3-5; see Petition at ¶¶ 1, 10, 13-14. “Respondent denies that the
influenza immunization caused petitioner’s alleged SIRVA or any other injury or her
current 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 1:17-vv-00020-UNJ Document 43 Filed 06/28/18 Page 2 of 7
Nevertheless, on April 2, 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 $61,014.65 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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