VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00715
Package ID: USCOURTS-cofc-1_17-vv-00715
Petitioner: Catherine W. Viega
Filed: 2017-05-31
Decided: 2018-08-21
Vaccine: Tdap
Vaccination date: 2016-09-26
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 81877

AI-assisted case summary:
Catherine W. Viega filed a petition for compensation under the National Vaccine Injury Compensation Program on May 31, 2017, alleging a left shoulder injury resulting from a tetanus vaccination administered on September 26, 2016. The case was assigned to the Special Processing Unit. On January 17, 2018, the respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation. The respondent believed that petitioner's alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), a Table injury, following the tetanus vaccination. The respondent also agreed that no other cause for the injury was identified, that petitioner met the statutory requirements by suffering the condition for more than six months, and that all legal prerequisites for compensation under the Vaccine Act were satisfied. Based on the respondent's position and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 17, 2018, finding petitioner entitled to compensation. Subsequently, on April 12, 2018, the respondent filed a proffer on award of compensation, recommending an award of $81,877.64, which petitioner agreed to. Chief Special Master Dorsey issued a decision on April 12, 2018, awarding Catherine W. Viega a lump sum payment of $81,877.64, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The award was to be paid via a check to petitioner. Petitioner was represented by Matthew F. Belanger of Faraci Lange, LLP, and the respondent was represented by Ilene Claire Albala of the U.S. Department of Justice. The decision was issued on August 21, 2018.

Theory of causation field:
Petitioner Catherine W. Viega alleged a left shoulder injury following a tetanus vaccination on September 26, 2016. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), a Table injury. The respondent also agreed that no other cause for the injury was identified, that petitioner met the statutory requirements, and that all legal prerequisites for compensation were satisfied. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. An entitlement ruling was issued on January 17, 2018, by Chief Special Master Nora Beth Dorsey. A subsequent decision on April 12, 2018, awarded petitioner a lump sum of $81,877.64, representing all damages under 42 U.S.C. § 300aa-15(a), based on a proffer agreed to by both parties. Petitioner was represented by Matthew F. Belanger, and respondent by Ilene Claire Albala.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00715-0
Date issued/filed: 2018-04-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/17/2018) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00715-UNJ Document 44 Filed 04/27/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-715V
Filed: January 17, 2018
UNPUBLISHED
CATHERINE W. VIEGA,
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.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.
Ilene Claire Albala, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 31, 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 left shoulder injury as a result of a tetanus
vaccination administered on September 26, 2016. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On January 17, 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 “believes that petitioner’s alleged injury is consistent with
a shoulder injury related to vaccine administration (“SIRVA”), a Table injury, following
the administration of the tetanus vaccine she received on September 26, 2016.” Id. at
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-00715-UNJ Document 44 Filed 04/27/18 Page 2 of 2
4. Respondent further agrees that no other cause for petitioner’s injury was identified,
that petitioner met the statutory requirements by suffering the condition for more than
six months, and that petitioner has satisfied all legal prerequisites to compensation
under the Vaccine Act. 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-00715-1
Date issued/filed: 2018-08-21
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/12/2018) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00715-UNJ Document 47 Filed 08/21/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-715V
Filed: April 12, 2018
UNPUBLISHED
CATHERINE W. VIEGA,
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.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.
Ilene Clair Albala, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 31, 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 left shoulder injury as a result of a tetanus
vaccination administered on September 26, 2016. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On January 17, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On April 12, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $81,877.64.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees 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.
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-00715-UNJ Document 47 Filed 08/21/18 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $81,877.64 in the form of a check payable to
petitioner, Catherine W. Viega. 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-00715-UNJ Document 47 Filed 08/21/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CATHERINE W. VIEGA, )
)
Petitioner, )
) No. 17-715
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On January 17, 2018, Chief Special Master Dorsey issued an Order finding that
petitioner’s case was entitled to vaccine compensation for her Shoulder Injury Related to
Vaccine Administration (SIRVA). Based upon the evidence of record, respondent proffers that
petitioner should be awarded $81,877.64, which represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $81,877.64, in the form of a check payable to petitioner.
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Case 1:17-vv-00715-UNJ Document 47 Filed 08/21/18 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Ilene Albala
ILENE ALBALA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-3655
Dated: April 12, 2018
1 Should petitioner die prior to the 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