VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00149 Package ID: USCOURTS-cofc-1_17-vv-00149 Petitioner: Rodney McDonald Filed: 2017-01-31 Decided: 2018-04-24 Vaccine: Hepatitis A Vaccination date: 2015-12-29 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Rodney McDonald filed a petition for compensation under the National Vaccine Injury Compensation Program on January 31, 2017. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving Hepatitis A, Hepatitis B, and Tetanus vaccines on December 29, 2015. Mr. McDonald further alleged that he experienced residual effects from this injury for more than six months and that no prior award or settlement of a civil action for damages had been made on his behalf. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused Mr. McDonald's alleged shoulder injury or any other condition. Despite the respondent's denial, the parties filed a joint stipulation for damages on January 17, 2018. The stipulation stated that a decision should be entered awarding compensation. 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, Mr. McDonald was awarded a lump sum of $70,000.00, payable by check to the petitioner. This amount was intended to compensate for all items of damages available under the Vaccine Act. The decision was issued on April 24, 2018. Petitioner's counsel was Jeffrey S. Pop of Jeffrey S. Pop & Associates. Respondent's counsel was Ilene Clair Albala of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. The decision also does not name any medical experts. Theory of causation field: Petitioner Rodney McDonald alleged a shoulder injury related to vaccine administration (SIRVA) following vaccination with Hepatitis A, Hepatitis B, and Tetanus vaccines on December 29, 2015, with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $70,000.00 as compensation for all damages under the Vaccine Act. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The award was made via joint stipulation. Petitioner's counsel was Jeffrey S. Pop; respondent's counsel was Ilene Clair Albala. Decision date: April 24, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00149-0 Date issued/filed: 2018-04-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/17/2018) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00149-UNJ Document 40 Filed 04/24/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-149V Filed: January 17, 2018 UNPUBLISHED RODNEY MCDONALD, Special Processing Unit (SPU); Joint Stipulation on Damages; Hepatitis A Petitioner, (Hep A) Vaccine; Hepatitis B (Hep B) v. Vaccine; Tetanus Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (SIRVA) HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Ilene Clair Albala, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On January 31, 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 he suffered a shoulder injury as a result of receiving Hepatitis A, Hepatitis B, and/or Tetanus vaccines on December 29, 2015. Petition at 1; Stipulation, filed January 17, 2018, at ¶ 4. Petitioner further alleges that he suffered residual effects of this injury for more than six months and that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Petition at 3; Stipulation at ¶¶ 4-5. “Respondent denies that the Hepatitis A, Hepatitis B, and/or Tetanus vaccines caused petitioner’s alleged shoulder injury or any other injury or his current condition. ” Stipulation at ¶ 6. Nevertheless, on January 17, 2018, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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-00149-UNJ Document 40 Filed 04/24/18 Page 2 of 7 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 $70,000.00 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 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 Case 1:17-vv-00149-UNJ Document 40 Filed 04/24/18 Page 3 of 7 Case 1:17-vv-00149-UNJ Document 40 Filed 04/24/18 Page 4 of 7 Case 1:17-vv-00149-UNJ Document 40 Filed 04/24/18 Page 5 of 7 Case 1:17-vv-00149-UNJ Document 40 Filed 04/24/18 Page 6 of 7 Case 1:17-vv-00149-UNJ Document 40 Filed 04/24/18 Page 7 of 7