VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00429 Package ID: USCOURTS-cofc-1_17-vv-00429 Petitioner: Leanne Knapp Filed: 2017-03-27 Decided: 2018-03-01 Vaccine: Tdap Vaccination date: 2016-05-09 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 120000 AI-assisted case summary: Leanne Knapp filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving a Tdap vaccine on May 9, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with SIRVA and was caused-in-fact by the Tdap vaccine. The respondent also agreed that no other causes for the injury were identified and that petitioner met the statutory requirements for entitlement. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Leanne Knapp entitled to compensation. Subsequently, the parties filed a proffer on award of compensation, agreeing to a lump sum payment of $120,000.00. The court issued a decision awarding this amount, 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-00429-0 Date issued/filed: 2018-02-07 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 9/18/2017) regarding 14 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00429-UNJ Document 26 Filed 02/07/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0429V Filed: September 18, 2017 UNPUBLISHED LEANNE KNAPP, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Causation-In-Fact; Tetanus Diphtheria acellular Pertussis (Tdap)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 VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On March 27, 2017, Leanne Knapp (“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 as a result of receiving the tetanus- diphtheria-acellular pertussis (“Tdap”) vaccine on May 9, 2016, she suffered a left shoulder injury related to vaccine administration (“SIRVA”). Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 18, 2017, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 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-00429-UNJ Document 26 Filed 02/07/18 Page 2 of 2 4(c) Report at 1. Specifically, respondent states that “petitioner’s alleged injury is consistent with SIRVA, and that it was caused-in-fact by the Tdap vaccine that she received on May 9, 2016.” Id. at 4. Respondent further agrees that no other causes for petitioner’s SIRVA were identified and that petitioner has met the statutory requirements for entitlement to compensation. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_17-vv-00429-1 Date issued/filed: 2018-03-01 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 11/30/2017) regarding 22 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00429-UNJ Document 27 Filed 03/01/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0429V Filed: November 30, 2017 UNPUBLISHED LEANNE KNAPP, 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 V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On March 27, 2017, Leanne Knapp (“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 that as a result of receiving the tetanus diphtheria-acellular pertussis (“Tdap”) vaccine on May 9, 2016, she suffered a left shoulder injury related to vaccine administration (“SIRVA”). Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 18, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On November 30, 2017, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $120,000.00. Proffer at 2. 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-00429-UNJ Document 27 Filed 03/01/18 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 $120,000.00, in the form of a check payable to petitioner, Leanne Knapp. 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-00429-UNJ Document 27 Filed 03/01/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) LEANNE KNAPP, ) ) Petitioner, ) No. 17-429V ECF ) v. ) Chief Special Master Dorsey ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On March 27, 2017, Leanne Knapp (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34, as amended. She alleges that, as a result of receiving the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on May 9, 2016, she suffered a left shoulder injury related to vaccine administration (“SIRVA”). Petition at 1-2. On September 18 2017, respondent filed her Vaccine Rule 4(c) report, conceding causation-in-fact for a SIRVA to petitioner’s left arm. On September 18, 2017, the Chief Special Master issued a ruling on entitlement, finding that petitioner was entitled to compensation for a SIRVA to petitioner’s left arm. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. Case 1:17-vv-00429-UNJ Document 27 Filed 03/01/18 Page 4 of 4 $120,000.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $120,000.00, in the form of a check payable to petitioner.2 Petitioner agrees. Respectfully submitted, CHAD A. READLER Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division HEATHER L. PEARLMAN Assistant Director Torts Branch, Civil Division /s/Darryl R. Wishard DARRYL R. WISHARD Senior Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 616-4357 Dated: November 30, 2017 Fax: (202) 616-4310 2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 2