VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00304 Package ID: USCOURTS-cofc-1_17-vv-00304 Petitioner: Lisa Sorrow Filed: 2017-03-03 Decided: 2018-06-19 Vaccine: Tdap Vaccination date: 2016-03-24 Condition: left shoulder injury Outcome: compensated Award amount USD: 75079 AI-assisted case summary: Lisa Sorrow filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury as a result of receiving a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine on March 24, 2016. The respondent conceded that her injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the Tdap vaccine. No other causes for her injury were identified, and she met the statutory requirement of suffering the condition for more than six months. The case proceeded as an off-Table claim. On November 3, 2017, a ruling on entitlement was issued, finding her entitled to compensation. Subsequently, on March 5, 2018, the respondent filed a proffer on award of compensation, agreeing to an award of $75,079.14. Petitioner agreed with this proffered award. On June 19, 2018, the Chief Special Master issued a decision awarding Lisa Sorrow a lump sum payment of $75,079.14, representing compensation for all damages available under the Vaccine Act. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00304-0 Date issued/filed: 2018-03-09 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/3/2017) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00304-UNJ Document 32 Filed 03/09/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0304V Filed: November 3, 2017 UNPUBLISHED LISA SORROW, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Causation-In-Fact; Tetanus Diphtheria acellular Pertussis (Tdap) SECRETARY OF HEALTH AND Vaccine; Shoulder Injury Related to HUMAN SERVICES, Vaccine Administration (SIRVA) Respondent. Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On March 3, 2017, Lisa Sorrow (“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 left shoulder injury as a result of receiving a Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on March 24, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 2, 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 has concluded that “a preponderance of the evidence establishes that petitioner’s injury is consistent with a shoulder injury related to 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-00304-UNJ Document 32 Filed 03/09/18 Page 2 of 2 vaccine administration (“SIRVA”), and that it was caused-in-fact by the Tdap vaccine she received on March 24, 2016.” Id. at 3. Respondent further agrees that no other causes of petitioner’s left shoulder injury have been identified and petitioner met the statutory requirements by suffering the condition for more than six months. 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-00304-1 Date issued/filed: 2018-06-19 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 3/6/2018) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00304-UNJ Document 35 Filed 06/19/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0304V Filed: March 6, 2018 UNPUBLISHED LISA SORROW, 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. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On March 3, 2017, Lisa Sorrow (“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 left shoulder injury as a result of receiving a Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on March 24, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 3, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for her shoulder injury. On March 5, 2018, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $75,079.14. 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-00304-UNJ Document 35 Filed 06/19/18 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 $75,079.14 in the form of a check payable to petitioner, Lisa Sorrow. 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-00304-UNJ Document 35 Filed 06/19/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) LISA SORROW, ) ) Petitioner, ) ) v. ) No. 17-304V ) Chief Special Master Dorsey ) ECF SECRETARY OF HEALTH AND ) SPU HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On March 3, 2017, petitioner, Lisa Sorrow, filed a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”), alleging that she developed a left shoulder injury as a result of receiving a Tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on March 24, 2016. On November 1, 2017, respondent filed her Rule 4(c) Report stating that petitioner’s left shoulder injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”) and conceding that her SIRVA is compensable under the Vaccine Act. Accordingly, on November 3, 2017, Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner is entitled to compensation for her SIRVA. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $75,079.14, which represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering. Case 1:17-vv-00304-UNJ Document 35 Filed 06/19/18 Page 4 of 4 II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $75,079.14 in the form of a check payable to petitioner. Petitioner agrees. 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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ Justine Walters__________ JUSTINE WALTERS Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 307-6393 DATE: March 5, 2018 -2-