VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00184
Package ID: USCOURTS-cofc-1_17-vv-00184
Petitioner: Gweyne Phillips
Filed: 2017-02-07
Decided: 2020-12-09
Vaccine: Tdap
Vaccination date: 2014-11-12
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Gweyne Phillips filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) caused by her receipt of the tetanus diphtheria acellular pertussis (Tdap) vaccine on November 12, 2014. She further alleged that she experienced residual effects of this injury for more than six months and had not received any prior award or settlement for her condition. Respondent denied that the alleged shoulder injury was caused-in-fact by the vaccination and denied that petitioner sustained a SIRVA injury as defined in the Vaccine Injury Table. Despite these denials, the parties filed a joint stipulation for damages. The court found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Gweyne Phillips was awarded a lump sum of $25,000.00 as compensation for all items of damages available under the program. This award represents compensation for her SIRVA injury.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00184-1
Date issued/filed: 2021-01-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/9/2020) regarding 79 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (et) Service on parties made.
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Case 1:17-vv-00184-UNJ Document 83 Filed 01/04/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-184V
Filed: December 9, 2020
UNPUBLISHED
GWEYNE PHILLIPS,
Petitioner,
Joint Stipulation on Damages;
v.
Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On February 7, 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 right shoulder injury related to
vaccine administration (“SIRVA”), caused by her receipt of the tetanus diphtheria
acellular pertussis (“TDaP”) vaccine on November 12, 2014. Petition at 1-2; Stipulation,
filed December 9, 2020, at ¶¶ 2-4. Petitioner further alleges that she experienced the
residual effects of this injury for more than six months and that no prior award or
settlement of a civil action has been received on her behalf for her condition. Petition at
2-3; Stipulation at ¶¶ 4-5. “Respondent denies that petitioner’s alleged shoulder injury,
or any other injury, was caused-in-fact by the Tdap vaccination administered on
November 12, 2014, and further denies that petitioner sustained a SIRVA injury, as
defined in the Table. ” Stipulation at ¶ 6.
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 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 the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted 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-00184-UNJ Document 83 Filed 01/04/21 Page 2 of 7
Nevertheless, on December 9, 2020, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
stipulation reasonable and adopt 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, I award the following
compensation:
A lump sum of $25,000.00 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 § 15(a). Id.
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/Daniel T. Horner
Daniel T. Horner
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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