VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00880
Package ID: USCOURTS-cofc-1_17-vv-00880
Petitioner: Virginia Lara
Filed: 2017-06-28
Decided: 2018-05-21
Vaccine: Tdap
Vaccination date: 2015-10-19
Condition: right shoulder injuries, including persistent, constant, sharp shoulder pain that radiated into her jaw, limited range of motion, and right arm weakness
Outcome: compensated
Award amount USD: 143100

AI-assisted case summary:
On June 28, 2017, Virginia Lara filed a Vaccine Program petition after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on October 19, 2015. She alleged that the vaccination caused right shoulder injuries, including persistent, constant, sharp shoulder pain radiating into her jaw, limited range of motion, and right arm weakness.

Respondent conceded entitlement in a Rule 4(c) report filed January 17, 2018. The report stated that Lara's alleged injury was consistent with SIRVA, that she had no recent history of right shoulder pain, inflammation, or dysfunction, that pain began within 48 hours of vaccination, that the pain was limited to the vaccinated shoulder, that no other condition or abnormality explained the shoulder pain, and that residual effects lasted more than six months. Chief Special Master Nora Beth Dorsey found Lara entitled to compensation on January 19, 2018.

Respondent filed a damages proffer on May 18, 2018, and Lara agreed. On May 21, 2018, Chief Special Master Dorsey awarded a lump sum of $143,100.00, payable to Virginia Lara, representing all damages available under section 15(a). Lara was represented by Shealene Priscilla Wasserman of Muller Brazil, LLP.

Theory of causation field:
Tetanus-diphtheria-acellular pertussis (Tdap) vaccine (October 19, 2015) causing right shoulder SIRVA symptoms: persistent sharp pain radiating into jaw, limited range of motion, and right arm weakness. COMPENSATED. Respondent conceded Table SIRVA: no recent right shoulder pain/inflammation/dysfunction, onset within 48 hours, pain limited to vaccinated shoulder, no alternate condition, residual effects more than six months. Entitlement granted by Chief Special Master Nora Beth Dorsey on January 19, 2018; damages awarded May 21, 2018. Award: $143,100.00 lump sum payable to Virginia Lara. Attorney: Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00880-0
Date issued/filed: 2018-04-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/19/2018) regarding 19 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00880-UNJ Document 27 Filed 04/18/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0880V
Filed: January 19, 2018
UNPUBLISHED
VIRGINIA LARA,
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.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 28, 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 received a tetanus-diptheria-acellular pertussis
vaccination on October 19, 2015 and suffered right shoulder injuries, including
persistent, constant, sharp shoulder pain that radiated into her jaw, limited range of
motion, and right arm weakness, as a result of the vaccination. Petition at ¶¶ 2, 4.
Petitioner further alleges that she received the vaccination in the United States, suffered
the effects of her injury for more than six months, and has not brought a civil action or
received compensation for her injury, alleged as vaccine caused. Petition at ¶¶ 2, 17-
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-00880-UNJ Document 27 Filed 04/18/18 Page 2 of 2
19. 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 has determined that petitioner’s alleged injury is
consistent with shoulder injury related to vaccine administration (SIRVA). Id. at 4.
Respondent further agrees that petitioner had no recent history of pain, inflammation, or
dysfunction of her right shoulder, that the onset of pain occurred within 48 hours of the
administration of the vaccine, the pain was limited to the shoulder where the vaccine
was administered, no other condition or abnormality has been identified to explain
petitioner’s shoulder pain, and petitioner suffered the residual effects of her condition for
more than six months. Therefore, respondent agrees 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-00880-1
Date issued/filed: 2018-09-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/21/2018) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00880-UNJ Document 34 Filed 09/05/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0880V
Filed: May 21, 2018
UNPUBLISHED
VIRGINIA LARA,
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.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 28, 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 received a tetanus-diptheria-acellular pertussis
vaccination on October 19, 2015 and suffered right shoulder injuries, including
persistent, constant, sharp shoulder pain that radiated into her jaw, limited range of
motion, and right arm weakness, as a result of the vaccination. Petition at ¶¶ 2, 4.
Petitioner further alleges that she received the vaccination in the United States, suffered
the effects of her injury for more than six months, and has not brought a civil action or
received compensation for her injury, alleged as vaccine caused. Petition at ¶¶ 2, 17-
19. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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-00880-UNJ Document 34 Filed 09/05/18 Page 2 of 4
On January 19, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her shoulder injuries. On May 18, 2018, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$143,100.00. 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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $143,100.00 in the form of a check payable to
petitioner, Virginia Lara. 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-00880-UNJ Document 34 Filed 09/05/18 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
VIRGINIA LARA,
Petitioner,
v. No. 17-880V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 17, 2018, respondent filed his Rule 4(c) Report, in which he recommended
that the Court find petitioner entitled to compensation, and on January 19, 2018, the Court
entered its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now
proffers that petitioner receive an award of a lump sum of $143,100.00 in the form of a check
payable to petitioner. This amount represents compensation for all elements of compensation
under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1
Petitioner agrees with the proffered award of $143,100.00.2
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
1 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 pain and suffering, and future lost wages.
2 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
1

Case 1:17-vv-00880-UNJ Document 34 Filed 09/05/18 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
Dated: May 18, 2018
2