VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00701
Package ID: USCOURTS-cofc-1_17-vv-00701
Petitioner: Jeffery Graves
Filed: 2018-05-31
Decided: 2018-09-05
Vaccine: Tdap
Vaccination date: 2016-01-27
Condition: left shoulder injuries and sequelae
Outcome: compensated
Award amount USD: 50703

AI-assisted case summary:
Jeffery Graves filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered left shoulder injuries and sequelae caused in fact by the Tdap vaccination he received on January 27, 2016. He alleged that he received the vaccination in the United States, suffered residual effects for more than six months, and that neither he nor any other party had filed an action or received an award or settlement for his injuries. Respondent denied that the Tdap vaccine caused petitioner’s alleged left shoulder injuries or any other injury, and further denied that petitioner’s current disabilities were sequelae of a vaccine-related injury. Despite the denial, 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. Jeffery Graves was awarded a lump sum of $50,703 in the form of a check payable to him, representing compensation for all items of damages available under the program. The case proceeded as an off-Table claim, and the parties stipulated to damages.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00701-0
Date issued/filed: 2018-09-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/31/2018) regarding 23 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00701-UNJ Document 28 Filed 09/05/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-701V
Filed: May 31, 2018
UNPUBLISHED
JEFFERY GRAVES,
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.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 26, 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 left shoulder injuries and sequelae caused in
fact by the Tdap (tetanus, diphtheria, acellular pertussis) vaccination he received on
January 27, 2016. Petition at 1, ¶¶ 2, 11; Stipulation, filed May 31, 2018, at ¶ 1-2, 4.
Petitioner further alleges he received the vaccination in the United States, suffered the
residual effects of his injury for more than six months, and that neither he nor any other
party has filed an action or received an award or settlement for his injuries, alleged as
vaccine caused. Petition at ¶¶ 2, 11-13; Stipulation at ¶¶ 3-5. “Respondent denies that
the Tdap vaccine caused petitioner’s alleged left shoulder injuries, or any other injury,
and further denies that petitioner’s current disabilities are sequelae of a vaccine-related
injury.” 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-00701-UNJ Document 28 Filed 09/05/18 Page 2 of 7
Nevertheless, on May 31, 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 $50,702.83 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 § 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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