VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00656
Package ID: USCOURTS-cofc-1_17-vv-00656
Petitioner: Misty Titus
Filed: 2018-01-23
Decided: 2019-08-14
Vaccine: Tdap
Vaccination date: 2015-02-18
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 336781

AI-assisted case summary:
Misty Titus filed a petition for compensation on January 19, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on February 18, 2015. The case was assigned to the Special Processing Unit. On January 19, 2018, the respondent filed a Rule 4(c) report conceding that the petitioner's claim met the Table criteria for SIRVA and that she was entitled to a presumption of vaccine causation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on January 23, 2018, finding Ms. Titus entitled to compensation. Subsequently, on May 14, 2019, the respondent filed a proffer on award of compensation, proposing a total award of $336,781.23. This amount was comprised of $100,000.00 for pain and suffering, $229,523.18 for lost wages, and $7,258.05 for out-of-pocket expenses. The petitioner agreed with the proffered award. On August 14, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, granting the lump sum payment of $336,781.23 to Misty Titus, who is a competent adult. The decision was issued by Chief Special Master Nora Beth Dorsey, with petitioner represented by John Robert Howie of Howie Law, PC, and respondent represented by Amy Paula Kokot of the U.S. Department of Justice.

Theory of causation field:
Petitioner Misty Titus alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on February 18, 2015. The respondent conceded that the claim met the Table criteria for SIRVA and entitled the petitioner to a presumption of vaccine causation. A Ruling on Entitlement was issued on January 23, 2018, finding petitioner entitled to compensation. A subsequent Decision Awarding Damages was issued on August 14, 2019, based on a proffer filed by the respondent on May 14, 2019. The proffered award, agreed to by the petitioner, totaled $336,781.23, consisting of $100,000.00 for pain and suffering, $229,523.18 for lost wages, and $7,258.05 for out-of-pocket expenses. The case was decided by Chief Special Master Nora Beth Dorsey. Petitioner counsel was John Robert Howie, and respondent counsel was Amy Paula Kokot. The public decision does not describe the specific mechanism of injury or detail expert testimony.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00656-0
Date issued/filed: 2018-04-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/23/2018) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00656-UNJ Document 27 Filed 04/27/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-656V
Filed: January 23, 2018
UNPUBLISHED
MISTY TITUS,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 18, 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 a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine administered on February 18, 2015. Petition at 1, 8. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On January 19, 2018, 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 petitioner’s claim meets the Table
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-00656-UNJ Document 27 Filed 04/27/18 Page 2 of 2
criteria for a SIRVA. Id. at 5. Respondent further agrees that petitioner is entitled to a
presumption of vaccine causation. 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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00656-1
Date issued/filed: 2019-08-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/17/2019) regarding 49 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00656-UNJ Document 59 Filed 08/14/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-656V
Filed: May 17, 2019
UNPUBLISHED
MISTY TITUS,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Tetanus Diphtheria acellular
SECRETARY OF HEALTH AND
Pertussis (Tdap) Vaccine; Shoulder
HUMAN SERVICES,
Injury Related to Vaccine
Administration (SIRVA)
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 19, 2018, 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 a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine administered on February 18, 2015. Petition at 1, 8. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On January 23, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On May 14, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $336,781.23
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-00656-UNJ Document 59 Filed 08/14/19 Page 2 of 4
consisting of $100,000.00 for pain and suffering, $229,523.18 for lost wages, and
$7,258.05 for out-of-pocket expenses. Proffer at 1. In the Proffer, respondent
represented that petitioner agrees with the proffered award. Id. 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 $336,781.23 consisting of $100,000.00 for pain
and suffering, $229,523.18 for lost wages, and $7,258.05 for out-of-pocket
expenses in the form of a check payable to petitioner, Misty Titus. This amount
represents compensation for all damages that would be available under § 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-00656-UNJ Document 59 Filed 08/14/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MISTY TITUS, )
)
Petitioner, )
) No. 17-656V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On January 19, 2018, respondent filed his Rule 4(c) Report conceding entitlement in the
above-captioned case. Chief Special Master Dorsey issued a Ruling on Entitlement on January
23, 2018, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury
Related to Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent
proffers that petitioner should be awarded $336,781.23. This amount includes $100,000.00 for
pain and suffering; $229,523.18 for lost wages; and $7,258.05 for out-of-pocket expenses, and it
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
lump sum payment of $336,781.23 in the form of a check payable to petitioner.1 Petitioner agrees.
1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move
the Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future pain and suffering, and future lost wages.
1

Case 1:17-vv-00656-UNJ Document 59 Filed 08/14/19 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
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/Amy P. Kokot
AMY P. KOKOT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4118
Dated: May 14, 2019
2