VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00126
Package ID: USCOURTS-cofc-1_17-vv-00126
Petitioner: E.H.
Filed: 2017-01-27
Decided: 2022-10-19
Vaccine: Tdap
Vaccination date: 2016-03-29
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 1067510

AI-assisted case summary:
E.H. filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered brachial neuritis in her right shoulder as a result of a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine administered on March 29, 2016. The petition was filed on January 27, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that E.H. is entitled to compensation. The respondent determined that E.H. satisfied the criteria set forth in the Vaccine Injury Table for brachial neuritis following a Tdap vaccination and that the statutory six-month sequela requirement was met. Later, on August 30, 2022, the parties filed a stipulation recommending an award of compensation. The stipulation noted that E.H. sustained the onset of brachial neuritis within the time period set forth in the Table following the Tdap vaccine and experienced residual effects for more than six months, with no evidence of an unrelated cause. The parties agreed to a total compensation award of $1,067,510.17, which included compensation for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, along with an amount for an annuity contract. The Special Master adopted the stipulation as the decision of the Court, awarding the agreed-upon compensation.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00126-0
Date issued/filed: 2018-01-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/7/2017) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00126-UNJ Document 32 Filed 01/31/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0126V
Filed: August 7, 2017
UNPUBLISHED
ELIZABETH HARRISON,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
SECRETARY OF HEALTH AND Brachial Neuritis
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 27, 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 brachial neuritis in her right shoulder
as a result of her March 29, 2016 Tetanus Diphtheria acellular Pertussis (“Tdap”)
Vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
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 1:17-vv-00126-UNJ Document 32 Filed 01/31/18 Page 2 of 2
On August 3, 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 indicates that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
Petition and supporting documentation filed in this case, as well as the
relevant medical literature regarding petitioner’s alleged injury. DICP had
determined that petitioner has satisfied the criteria set forth in the Vaccine
Injury Table, see C.F.R. § 100.3(a)(I)(B), and the Qualifications and Aids
to Interpretation (“QA1”) C.F.R. § 100(b)(6), for the injury of Brachial
Neuritis following a Tdap vaccination. In addition, given the medical
records outlined above, the statutory six month sequela requirement has
been satisfied. See 42 U.S.C. § 300aa-11(c)(1)(D)(i).
Id. at 4.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-00126-2
Date issued/filed: 2022-10-19
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 8/31/2022) regarding 145 DECISION Based On Stipulation. Signed by Special Master Nora Beth Dorsey. (kis) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00126-UNJ Document 154 Filed 10/19/22 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Originally Filed: August 31, 2022
Refiled in Redacted Form: October 19, 2022
* * * * * * * * * * * * * * *
E.H., * UNPUBLISHED
*
Petitioner, * No. 17-126V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Table Claim;
AND HUMAN SERVICES, * Tetanus-Diphtheria-Acellular Pertussis
* (“Tdap”); Brachial Neuritis.
Respondent. *
*
* * * * * * * * * * * * * * *
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On January 27, 2017, E.H. (“Petitioner”) filed a petition in the National Vaccine Injury
Program2 alleging that as the result of a Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine
administered on March 29, 2016, she suffered brachial neuritis. Petition at Preamble (ECF No.
1).
On August 30, 2022, the parties filed a stipulation recommending an award of
compensation to Petitioner. Stipulation (ECF No. 144). On August 3, 2017, Respondent filed
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required 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). This means the Decision will
be available to anyone with access to the Internet. 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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:17-vv-00126-UNJ Document 154 Filed 10/19/22 Page 2 of 9
his Rule 4(c) report noting that Petitioner sustained the onset of brachial neuritis within the time
period set forth in the Table following administration of the Tdap vaccine, and experienced the
residual effects of her injury for more than six months. Stipulation at ¶ 4. There is not a
preponderance of the evidence demonstrating that Petitioner’s brachial neuritis and its residual
effects were due to a factor unrelated to the Tdap vaccine. Id. at ¶ 5. Accordingly, Petitioner is
entitled to compensation under the terms of the Vaccine Program for her Table injury. Id. at ¶ 7.
The parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds
the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
(1) A lump sum of $1,067,510.17, which amount represents compensation for first
year life care expenses ($16,656.05), lost earnings ($850,000.00), pain and
suffering ($200,000.00), and past unreimbursable expenses ($854.12), in the form
of a check payable to Petitioner, and
(2) An amount sufficient to purchase the annuity contract described in paragraph
10 of the stipulation, paid to the life insurance company from which the annuity
will be purchased (the “Life Insurance Company”).
Stipulation at ¶ 8. These amounts represent compensation for all damages that are
available under 42 U.S.C. § 300aa-15(a).
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

Case 1:17-vv-00126-UNJ Document 154 Filed 10/19/22 Page 3 of 9

Case 1:17-vv-00126-UNJ Document 154 Filed 10/19/22 Page 4 of 9

Case 1:17-vv-00126-UNJ Document 154 Filed 10/19/22 Page 5 of 9

Case 1:17-vv-00126-UNJ Document 154 Filed 10/19/22 Page 6 of 9

Case 1:17-vv-00126-UNJ Document 154 Filed 10/19/22 Page 7 of 9

Case 1:17-vv-00126-UNJ Document 154 Filed 10/19/22 Page 8 of 9

Case 1:17-vv-00126-UNJ Document 154 Filed 10/19/22 Page 9 of 9