VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00697
Package ID: USCOURTS-cofc-1_17-vv-00697
Petitioner: Joseph L. Wheatley
Filed: 2017-05-25
Decided: 2019-03-05
Vaccine: Tdap
Vaccination date: 2016-08-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 117924

AI-assisted case summary:
Joseph L. Wheatley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by the tetanus, diphtheria, pertussis (Tdap) vaccine he received on August 15, 2016. The respondent conceded that the petitioner's medical course was consistent with SIRVA as defined on the Vaccine Injury Table and that he had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on April 13, 2018, finding him entitled to compensation. Subsequently, on January 31, 2019, the respondent filed a proffer on award of compensation. The parties agreed to an award of $117,924.67, which included $424.00 for first-year life care expenses, $2,575.80 for lost wages, $110,000.00 for pain and suffering, and $4,924.87 for past unreimbursable expenses. An additional amount was to be set aside to purchase an annuity contract for future life care items. A decision awarding damages was issued on March 5, 2019, granting the proffered award.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00697-0
Date issued/filed: 2018-08-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/13/2018) regarding 25 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00697-UNJ Document 33 Filed 08/21/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0697V
Filed: April 13, 2018
UNPUBLISHED
JOSEPH L. WHEATLEY,
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.
Anthony P. Ellis, Ellis Law Group, PLLC, Louisville, KY, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 25, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) caused in fact by the tetanus, diphtheria, pertussis (“Tdap”)
vaccine he received on August 15, 2016. Petition at 1, ¶¶ 2, 23. Petitioner also asserts
that his shoulder injury “is consistent with . . . the proposed SIRVA criteria added to the
Vaccine Injury Table.” Id. at ¶ 22. Petitioner further alleges that he has not received an
award or settlement for his injury alleged to be vaccine caused. Id. at ¶ 24. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
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-00697-UNJ Document 33 Filed 08/21/18 Page 2 of 2
On April 12, 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 determined that petitioner’s medical course is
consistent with a shoulder injury related to vaccine administration (“SIRVA”) as defined
on the Vaccine Injury Table.” Id. at 6. Respondent further agrees that “based on the
records as it now stands, petitioner has satisfied all legal prerequisites for compensation
under the Act.” Id. at 7.
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-00697-1
Date issued/filed: 2019-03-05
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 01/31/2019) regarding 42 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00697-UNJ Document 46 Filed 03/05/19 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0697V
Filed: January 31, 2019
UNPUBLISHED
JOSEPH L. WHEATLEY,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Anthony P. Ellis, Ellis Law Group, PLLC, Louisville, KY, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 25, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) caused in fact by the tetanus, diphtheria, pertussis (“Tdap”)
vaccine he received on August 15, 2016. Petition at 1, ¶¶ 2, 23. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 13, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for his SIRVA. On January 31, 2019, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $117,924.67,
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-00697-UNJ Document 46 Filed 03/05/19 Page 2 of 8
representing $424.00 in first year life care expenses, $2,575.80 in lost wages,
$110,000.00 in pain and suffering, and $4,924.87 in past unreimbursable expenses, and
an amount sufficient to purchase an annuity contract as described in Section II.B. of the
Proffer. Proffer at 1-4. In the Proffer, respondent represented that petitioner agrees
with the proffered award. Id. at 1-3. 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
the following:
A. A lump sum in the amount of $117,924.67, representing compensation in
the amount of $424.00 for life care expenses in the first year after
judgment, compensation in the amount of $2,575.80 for lost wages,
compensation in the amount of $110,000.00 for pain and suffering, and
compensation in the amount of $4,924.87 for actual unreimbursable
expenses, in the form of a check payable to petitioner, Joseph L.
Wheatley;
B. An amount sufficient to purchase the annuity contract described in
Proffer Section II.B.
These amounts represent 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-00697-UNJ Document 46 Filed 03/05/19 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOSEPH L. WHEATLEY,
Petitioner,
v. No. 17-697V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Laura Fox, MSN, BSN, RN, CDDN, CLCP, to
provide an estimation of Joseph L. Wheatley’s future vaccine-injury related needs. For the
purposes of this proffer, the term “vaccine related” is as described in the respondent’s Rule 4(c)
Report, filed April 12, 2018. All items of compensation identified in the life care plan are
supported by the evidence, and are illustrated by the chart entitled Appendix A: Items of
Compensation for Joseph L. Wheatley, attached hereto as Tab A.1 Respondent proffers that
Joseph L. Wheatley should be awarded all items of compensation set forth in the life care plan
and illustrated by the chart attached at Tab A. Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, Joseph L. Wheatley has
suffered past loss of earnings. Therefore, respondent proffers that Joseph L. Wheatley should be
1 The chart at Tab A illustrates the annual benefits provided by the life care plan. The annual benefit years
run from the date of judgment up to the first anniversary of the date of judgment, and every year thereafter up to the
anniversary of the date of judgment.
-1-

Case 1:17-vv-00697-UNJ Document 46 Filed 03/05/19 Page 4 of 8
awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A).
Respondent proffers that the appropriate award for Joseph L. Wheatley’s lost earnings is
$2,575.80. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that Joseph L. Wheatley should be awarded $110,000.00 in actual
and projected pain and suffering. This amount reflects that any award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Joseph L. Wheatley’s expenditure of past
unreimbursable expenses related to his vaccine-related injury. Respondent proffers that
petitioner should be awarded past unreimbursable expenses in the amount of $4,924.87.
II. Form of the Award
The parties recommend that the compensation provided to Joseph L. Wheatley should be
made through a combination of lump sum payments and future annuity payments as described
below, and request that the Chief Special Master’s decision and the Court’s judgment award the
following:2
A. A lump sum payment of $117,924.67, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($424.00), lost earnings
($2,575.80), pain and suffering ($110,000.00), and past unreimbursable expenses ($4,924.87), in
the form of a check payable to petitioner, Joseph L. Wheatley.
2 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.
-2-

Case 1:17-vv-00697-UNJ Document 46 Filed 03/05/19 Page 5 of 8
B. An amount sufficient to purchase an annuity contract,3 subject to the conditions
described below, that will provide payments for the life care items contained in the life care plan,
as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company4 from
which the annuity will be purchased.5 Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent years shall be provided through
respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner,
Joseph L. Wheatley, only so long as Joseph L. Wheatley is alive at the time a particular payment
is due. At the Secretary’s sole discretion, the periodic payments may be provided to petitioner in
monthly, quarterly, annual or other installments. The “annual amounts” set forth in the chart at
Tab A describe only the total yearly sum to be paid to petitioner and do not require that the
payment be made in one annual installment.
1. Growth Rate
Respondent proffers that a five percent (5%) growth rate should be applied to all medical
life care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through
annuity payments should grow as follows: five percent (5%) compounded annually from the date
of judgment for medical items. Petitioner agrees.
3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life
insurance companies.
4 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of
any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings
from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or
AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA,
AA+, or AAA.
-3-

Case 1:17-vv-00697-UNJ Document 46 Filed 03/05/19 Page 6 of 8
2. Life-contingent annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as he, Joseph L. Wheatley, is alive at the time that a particular payment is
due. Written notice shall be provided to the Secretary of Health and Human Services and the
Life Insurance Company within twenty (20) days of Joseph L. Wheatley’s death.
3. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner, Joseph L. Wheatley: $117,924.67
B. An amount sufficient to purchase the annuity contract described
above in section II.B.
5 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case consistent
with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System
of Records, No. 09-15-0056.
-4-

Case 1:17-vv-00697-UNJ Document 46 Filed 03/05/19 Page 7 of 8
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/Colleen C. Hartley
COLLEEN C. HARTLEY
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) 616-3644
Dated: January 31, 2019
-5-

Case 1:17-vv-00697-UNJ Document 46 Filed 03/05/19 Page 8 of 8
Appendix A: Items of Compensation for Joseph L. Wheatley Page 1 of 1
Lump Sum
Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Year 1 Years 2-7 Years 8-Life
2019 2020-2025 2026-Life
Medicare Part B Deductible 5% 183.00
Medigap 5% M 1,245.96
Orthopedist 5% * 2 50.00
Diagnostic Tests 5% * 1 74.00
Shoulder Surgery 5% *
Lost Future Earnings 2 ,575.80
Pain and Suffering 1 10,000.00
Past Unreimbursable Expenses 4 ,924.87
Medicaid Lien
Annual Totals 1 17,924.67 - 1,428.96
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care
expenses ($424.00), lost earnings ($2,575.80), pain and suffering ($110,000.00), and past unreimbursable
expenses ($4,924.87): $117,924.67.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.