VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00523
Package ID: USCOURTS-cofc-1_17-vv-00523
Petitioner: Kathleen Amato
Filed: 2017-04-13
Decided: 2018-10-18
Vaccine: Tdap
Vaccination date: 2016-04-25
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 81500

AI-assisted case summary:
Kathleen Amato filed a petition for compensation under the National Vaccine Injury Compensation Program on April 13, 2017. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her Tetanus Diphtheria acellular Pertussis (Tdap) vaccination on April 25, 2016. Ms. Amato stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had not received a prior award or settlement for this injury. The respondent denied that the Tdap vaccine caused Ms. Amato's alleged shoulder injury and residual effects. On August 3, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Ms. Amato was awarded a lump sum of $81,500.00, payable to her, representing compensation for all available items of damages. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kathleen Amato alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on April 25, 2016. Respondent denied causation. The parties filed a joint stipulation on August 3, 2018, agreeing to an award. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and awarded $81,500.00 as a lump sum. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the condition and vaccine. The theory of causation is based on the "Table" as indicated by the provided database fields, suggesting a presumed causation under the Vaccine Act's statutory framework, which was resolved via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00523-0
Date issued/filed: 2018-10-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/06/2018) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00523-UNJ Document 33 Filed 10/18/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-523V
Filed: August 6, 2018
UNPUBLISHED
KATHLEEN AMATO,
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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 13, 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 Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of her April 25, 2016 Tetanus Diphtheria acellular
Pertussis (“Tdap”) vaccination. Petition at 1; see Stipulation, filed August 3, 2018, at ¶¶
2, 4. Petitioner further alleges that the vaccine was administered within the United
States, that she suffered the residual effects of her injury for more than six months, and
that there has been no prior award or settlement of a civil action on her behalf as a
result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 1, 10-11. “Respondent
denies that petitioner’s alleged shoulder injury and residual effects were caused-in-fact
by the Tdap vaccine. Respondent further denies that the Tdap vaccine caused
petitioner any other injury or her current condition.” Stipulation at ¶ 6.
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-00523-UNJ Document 33 Filed 10/18/18 Page 2 of 7
Nevertheless, on August 3, 2018, 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:
A lump sum of $81,500.00 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 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

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