VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00161
Package ID: USCOURTS-cofc-1_17-vv-00161
Petitioner: Linda Russell
Filed: 2017-02-02
Decided: 2018-02-23
Vaccine: Tdap
Vaccination date: 2015-08-18
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 111000

AI-assisted case summary:
Linda Russell filed a petition for compensation under the National Vaccine Injury Compensation Program on February 2, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on August 18, 2015. The respondent, the Secretary of Health and Human Services, did not contest entitlement, stating in a Rule 4(c) Report filed October 5, 2017, that the injury was consistent with SIRVA caused-in-fact by the Tdap vaccine and that no other causes were identified. Based on the respondent's concession and the evidence, the court issued a Ruling on Entitlement on October 10, 2017, finding Ms. Russell entitled to compensation. Subsequently, on October 26, 2017, the respondent filed a proffer on award of compensation, agreeing to an award of $110,000.00 for past and future pain and suffering and $1,000.00 for past unreimbursed medical expenses, totaling $111,000.00. Ms. Russell, an adult, agreed to this proffered award. A decision awarding damages was issued on February 23, 2018, granting a lump sum payment of $111,000.00 to Linda Russell.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00161-0
Date issued/filed: 2018-02-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/10/2017) regarding 37 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00161-UNJ Document 45 Filed 02/22/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0161V
Filed: October 10, 2017
UNPUBLISHED
LINDA RUSSELL,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Uncontested;
v. Causation-In-Fact; Tetanus,
Diphtheria, Acellular Pertussis (Tdap)
SECRETARY OF HEALTH AND Vaccine; Shoulder Injury Related to
HUMAN SERVICES, Vaccine Administration (SIRVA)
Respondent.
Richard L. Hughes, Mogab & Hughes Attorneys, P.C., St. Louis, MO, for petitioner.
Debra A. Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 2, 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”) after receiving a tetanus, diphtheria, acellular pertussis
(“Tdap”) vaccine on August 18, 2015. Petition at preamble. The case was assigned to
the Special Processing Unit (“SPU”) of the Office of Special Masters.
On October 5, 2017, respondent filed his Rule 4(c) Report in which he states that
he does not contest that petitioner is entitled to compensation in this case. Rule 4(c)
Report at 1. Specifically, respondent stated that petitioner’s alleged injury is consistent
with SIRVA caused-in-fact by the administration of the Tdap vaccine she received on
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-00161-UNJ Document 45 Filed 02/22/18 Page 2 of 2
August 18, 2015. Id. at 4. Further, respondent did not identify any other causes for
petitioner’s SIRVA, and records show that petitioner suffered her condition for more
than six months. Id. Therefore, based on the record as it now stands, petitioner has
satisfied all legal prerequisites for compensation under the Vaccine Act. Id.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00161-1
Date issued/filed: 2018-02-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/30/2017) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00161-UNJ Document 46 Filed 02/23/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0161V
Filed: October 30, 2017
UNPUBLISHED
LINDA RUSSELL,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Tetanus Diphtheria acellular
v.
Pertussis (Tdap) Vaccine; Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND
Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Richard L. Hughes, Mogab & Hughes, Attorneys, P.C., St. Louis, MO, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 2, 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”) after receiving a tetanus, diphtheria, acellular pertussis
(“Tdap”) vaccine on August 18, 2015. Petition at preamble. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On October 10, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On October 26, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $110,000.00
for past and future pain and suffering, and $1,000.00 for past unreimbursed medical
expenses. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
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-00161-UNJ Document 46 Filed 02/23/18 Page 2 of 4
with the proffered award. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $111,000.00 (representing $110,000.00 for past
and future pain and suffering, and $1,000.00 for past unreimbursed medical expenses)
in the form of a check payable to petitioner, Linda Russell. This amount represents
compensation for all damages that would be available under § 300aa-15(a).
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-00161-UNJ Document 46 Filed 02/23/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
LINDA RUSSELL, *
*
Petitioner, * No. 17-161V
* CHIEF SPECIAL MASTER
v. * NORA BETH DORSEY
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
The Court issued a Ruling on Entitlement on October 10, 2017. Based upon the evidence
of record, respondent proffers that petitioner should be awarded compensation as follows:
$110,000.00, for past and future pain and suffering, and $1,000.00 for past unreimbursed
medical expenses. These amounts represent all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment of $111,000.00, in the form of a check payable to petitioner. Petitioner
agrees.
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move
the Court for appropriate relief. In particular, respondent would oppose any award for future
future pain and suffering.

Case 1:17-vv-00161-UNJ Document 46 Filed 02/23/18 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: October 26, 2017
2