VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00778
Package ID: USCOURTS-cofc-1_17-vv-00778
Petitioner: Constance J. Sabins
Filed: 2017-06-12
Decided: 2018-10-31
Vaccine: Td
Vaccination date: 2016-10-01
Condition: SIRVA, bursitis, and tendinopathy
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Constance J. Sabins filed a petition for compensation under the National Vaccine Injury Compensation Program on June 12, 2017. She alleged that a tetanus and diphtheria toxoids (Td) vaccination received on October 1, 2016, caused her to suffer a shoulder injury related to vaccine administration (SIRVA), bursitis, and tendinopathy. The petition stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that there had been no prior award or settlement of a civil action for damages. The respondent denied that the Td vaccine caused the alleged injuries. On October 2, 2018, the parties filed a joint stipulation for damages. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Constance J. Sabins was awarded a lump sum of $35,000.00, payable by check to the petitioner, as compensation for all items of damages. Petitioner's counsel was Nancy Routh Meyers of Ward Black Law. Respondent's counsel was Amy Paula Kokot of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Constance J. Sabins alleged that a Td vaccination on October 1, 2016, caused SIRVA, bursitis, and tendinopathy. Respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $35,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injuries. Petitioner's counsel was Nancy Routh Meyers, and respondent's counsel was Amy Paula Kokot. The decision was issued on October 31, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00778-0
Date issued/filed: 2018-10-31
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/02/2018) regarding 41 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00778-UNJ Document 45 Filed 10/31/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0778V
Filed: October 2, 2018
UNPUBLISHED
CONSTANCE J. SABINS,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Tetanus
Petitioner,
Diphtheria toxoids (Td) Vaccine;
v.
Shoulder Injury Related to Vaccine
Administration (SIRVA); Bursitis;
SECRETARY OF HEALTH AND
Tendinopathy
HUMAN SERVICES,
Respondent.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 12, 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 resulting from vaccine
administration (“SIRVA”), bursitis, and tendinopathy as a result of a tetanus and
diphtheria toxoids (“Td”) vaccination received on October 1, 2016. Petition at 1;
Stipulation, filed October 2, 2018, at ¶¶ 1-4. Petitioner further alleges that the vaccine
was administered in the United States, she suffered the residual effects of her injuries
for more than six months, and there has been no prior award or settlement of a civil
action for damages as a result of her condition. Petition at 1, 4; Stipulation at ¶¶ 1-4.
“Respondent denies that the Td vaccine administered on or about October 1, 2016, is
the cause of petitioner’s alleged SIRVA, bursitis, tendinopathy, and/or 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-00778-UNJ Document 45 Filed 10/31/18 Page 2 of 7
Nevertheless, on October 2, 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 $35,000.00 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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