VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00042 Package ID: USCOURTS-cofc-1_17-vv-00042 Petitioner: Donna Black Filed: 2017-01-11 Decided: 2020-07-08 Vaccine: Tdap Vaccination date: 2016-01-29 Condition: adhesive capsulitis in her left shoulder Outcome: compensated Award amount USD: 12500 AI-assisted case summary: Donna Black filed a petition for compensation on January 11, 2017, alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on January 29, 2016, caused adhesive capsulitis in her left shoulder. Ms. Black contended that this condition, listed on the Vaccine Injury Table, resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Ms. Black's condition. Despite the respondent's denial, the parties reached a joint stipulation for compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Ms. Black a lump sum payment of $12,500.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). This award was made on July 8, 2020. Petitioner was represented by Lawrence R. Cohan of Anapol Weiss, and respondent was represented by Traci R. Patton of the United States Department of Justice. The decision was unpublished and subject to potential redactions. Theory of causation field: Petitioner Donna Black alleged that the Tdap vaccine administered on January 29, 2016, caused adhesive capsulitis in her left shoulder, an injury listed on the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation for compensation, which Special Master Christian J. Moran adopted. The stipulation resulted in a $12,500.00 lump sum award to petitioner. Petitioner counsel was Lawrence R. Cohan, and respondent counsel was Traci R. Patton. The decision date was July 8, 2020. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the condition alleged. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00042-0 Date issued/filed: 2020-08-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 7/8/20) regarding 98 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00042-UNJ Document 102 Filed 08/14/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * DONNA BLACK, * * No. 17-42V Petitioner, * Special Master Christian J. Moran * v. * Filed: July 8, 2020 * SECRETARY OF HEALTH * Stipulation; tetanus-diphtheria- AND HUMAN SERVICES, * acellular pertussis (“Tdap”) vaccine; * adhesive capsulitis Respondent. * * * * * * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for Petitioner; Traci R. Patton, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On July 8, 2020, the parties filed a joint stipulation concerning the petition for compensation filed by Donna Black on January 11, 2017. Petitioner alleged that the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she received on January 29, 2016, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to develop adhesive capsulitis in her left shoulder. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the Tdap vaccine caused petitioner to suffer from adhesive capsulitis or any other injury. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:17-vv-00042-UNJ Document 102 Filed 08/14/20 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $12,500.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 17-42V according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:17-vv-00042-UNJ Document 102 Filed 08/14/20 Page 3 of 7 Case 1:17-vv-00042-UNJ Document 102 Filed 08/14/20 Page 4 of 7 Case 1:17-vv-00042-UNJ Document 102 Filed 08/14/20 Page 5 of 7 Case 1:17-vv-00042-UNJ Document 102 Filed 08/14/20 Page 6 of 7 Case 1:17-vv-00042-UNJ Document 102 Filed 08/14/20 Page 7 of 7