VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00231 Package ID: USCOURTS-cofc-1_17-vv-00231 Petitioner: David Suarez Filed: 2019-03-25 Decided: 2019-05-29 Vaccine: Tdap Vaccination date: 2015-09-03 Condition: left shoulder injury related to his receipt of a tetanus diphtheria acellular pertussis (“Tdap”) vaccine Outcome: compensated Award amount USD: 40935 AI-assisted case summary: David Suarez filed a petition for compensation under the National Vaccine Injury Compensation Program on March 25, 2019, alleging a left shoulder injury related to receiving a tetanus diphtheria acellular pertussis (Tdap) vaccine on September 3, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's injury. Despite the denial, the parties filed a joint stipulation on March 22, 2019, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The award included a lump sum payment of $40,000.00 payable to the petitioner and an additional $935.47 to reimburse a Medicaid lien, payable jointly to the petitioner and the State of Connecticut, Department of Administrative Services. The decision was issued on May 29, 2019. The public decision does not describe the petitioner's counsel, respondent's counsel, the specific onset of symptoms, medical examinations, treatments, or expert testimony. This case was processed as a Table claim for Shoulder Injury Related to Vaccine Administration (SIRVA). Theory of causation field: Petitioner David Suarez alleged a left shoulder injury related to a Tdap vaccine received on September 3, 2015. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The award was $40,000.00 lump sum plus $935.47 for a Medicaid lien reimbursement. The case was processed as a Table claim for SIRVA. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered beyond the stipulation. Decision date: May 29, 2019. Petitioner's counsel: Joseph Alexander Vuckovich. Respondent's counsel: Adriana Ruth Teitel. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00231-0 Date issued/filed: 2019-05-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/25/2019) regarding 57 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00231-UNJ Document 61 Filed 05/29/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0231V Filed: March 25, 2019 UNPUBLISHED DAVID SUAREZ, Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Tetanus Diphtheria acellular Pertussis (Tdap) SECRETARY OF HEALTH AND Vaccine; Shoulder Injury Related to HUMAN SERVICES, Vaccine Administration (SIRVA) Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On February 17, 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 left shoulder injury related to his receipt of a tetanus diphtheria acellular pertussis (“Tdap”) vaccine on September 3, 2015. Petition at 1-2; Stipulation, filed March 22, 2019, at ¶¶ 1-4. Petitioner further alleges that the vaccine was administered in the United States, that his vaccine related injuries lasted more than six months, and that neither petitioner nor any other party have brought an action for or received compensation in the form of an award or settlement for petitioner’s vaccine-related injuries. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent 1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 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. Because this unpublished decision contains a reasoned explanation for the action in this case, 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). 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-00231-UNJ Document 61 Filed 05/29/19 Page 2 of 7 denies that the Tdap vaccine caused petitioner’s left shoulder injury or any other injury or his current condition.” Stipulation at ¶ 6. Nevertheless, on March 22, 2019, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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: 1. A lump sum payment of $40,000.00 in the form of a check payable to petitioner; and 2. A lump sum payment of $935.47, representing reimbursement of a Medicaid lien, in the form of a check payable jointly to petitioner and to: State of Connecticut Department of Administrative Services 450 Columbus Blvd, Suite 1001 Hartford, CT 06103 Petitioner agrees to endorse this check to the State of Connecticut, Department of Administrative Services. 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-00231-UNJ Document 61 Filed 05/29/19 Page 3 of 7 Case 1:17-vv-00231-UNJ Document 61 Filed 05/29/19 Page 4 of 7 Case 1:17-vv-00231-UNJ Document 61 Filed 05/29/19 Page 5 of 7 Case 1:17-vv-00231-UNJ Document 61 Filed 05/29/19 Page 6 of 7 Case 1:17-vv-00231-UNJ Document 61 Filed 05/29/19 Page 7 of 7