VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00410 Package ID: USCOURTS-cofc-1_17-vv-00410 Petitioner: Zachary Schneider Filed: 2017-03-23 Decided: 2018-10-10 Vaccine: Tdap Vaccination date: 2015-06-03 Condition: left shoulder injury Outcome: compensated Award amount USD: 85517 AI-assisted case summary: Zachary Schneider filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a left shoulder injury as a result of a tetanus, diphtheria, acellular pertussis (Tdap) vaccine he received on June 3, 2015. He further alleged that he suffered the residual effects of his injury for more than six months. Respondent denied that the Tdap immunization caused the alleged shoulder injury or any other injury or condition. Nevertheless, on July 13, 2018, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court in awarding damages. Pursuant to the stipulation, the court awarded Zachary Schneider a lump sum of $4,017.77 for past unreimbursable expenses and a lump sum of $81,500.00 for all remaining damages, totaling $85,517.77. These amounts represent compensation for all items of damages available under the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00410-0 Date issued/filed: 2018-10-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/13/2018) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00410-UNJ Document 40 Filed 10/10/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0410V Filed: July 13, 2018 UNPUBLISHED ZACHARY SCHNEIDER, Special Processing Unit (SPU); Joint Stipulation on Damages; Tetanus Petitioner, Diphtheria acellular Pertussis (Tdap) v. Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On March 23, 2017, Zachary Schneider (“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 as a result of a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine he received on June 3, 2015. Petition at 1; Stipulation, filed July 13, 2018, at ¶ 4. Petitioner further alleges that he suffered the residual effects of his injury for more than six months. Petition at 2; Stipulation at ¶ 4. “Respondent denies that the Tdap immunization is the cause of petitioner’s alleged shoulder injury, or any other injury or condition.” Stipulation at ¶ 6. Nevertheless, on July 13, 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-00410-UNJ Document 40 Filed 10/10/18 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. A lump sum of $4,017.77 in the form of a check payable to petitioner, for past unreimbursable expenses; and b. A lump sum of $81,500.00 in the form of a check payable to petitioner, for all remaining damages. Stipulation at ¶ 8. These amounts represent 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-00410-UNJ Document 40 Filed 10/10/18 Page 3 of 7 Case 1:17-vv-00410-UNJ Document 40 Filed 10/10/18 Page 4 of 7 Case 1:17-vv-00410-UNJ Document 40 Filed 10/10/18 Page 5 of 7 Case 1:17-vv-00410-UNJ Document 40 Filed 10/10/18 Page 6 of 7 Case 1:17-vv-00410-UNJ Document 40 Filed 10/10/18 Page 7 of 7