VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00884
Package ID: USCOURTS-cofc-1_17-vv-00884
Petitioner: Martha Tapia
Filed: 2017-06-28
Decided: 2018-10-23
Vaccine: Tdap
Vaccination date: 2016-04-18
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45111

AI-assisted case summary:
Martha Tapia filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a consequence of a Tetanus-diphtheria-acellular pertussis (Tdap) vaccination administered on April 18, 2016. She also received varicella and MMR vaccines on the same day but alleged no injury from those. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused her SIRVA or any other injury. Despite the denial, the parties filed a joint stipulation agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it. Martha Tapia was awarded a total of $45,111. This amount included $111.11 to satisfy a California Medicaid lien and $45,000.00 as a lump sum for all other damages. The decision was based on the joint stipulation of the parties.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00884-0
Date issued/filed: 2018-10-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/10/2018) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00884-UNJ Document 38 Filed 10/23/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-884V
Filed: August 10, 2018
UNPUBLISHED
MARTHA TAPIA,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
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 suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a consequence of a Tetanus0diphtheria-acellular pertussis
(“Tdap”) vaccination administered on April 18, 2016.3 Petition at 1; Stipulation, filed
August 9, 2018, at ¶ 1. Petitioner further alleges that the vaccination was administered
within the United States, that she experienced the residual effects of her injury for more
than six months, and that there has been no prior award or settlement of a civil action
for damages as a result of her condition. Petition at 1; Stipulation at ¶¶ 3-5.
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).
3 Petitioner also received a varicella and MMR vaccine on April 18, 2016, but has alleged no injury related
to the administration of those vaccinations.

Case 1:17-vv-00884-UNJ Document 38 Filed 10/23/18 Page 2 of 7
“Respondent denies that the Tdap, varicella, or MMR vaccine caused petitioner’s
SIRVA or any other injury or her current condition.” Stipulation at ¶ 6.
Nevertheless, on August 9, 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. A lump sum payment of $111.11, representing compensation for full
satisfaction of the State of California Medicaid lien, in the form of a
check payable jointly to petitioner and
Department of Health Care Services
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
DHCS Case No. C94767219A-VAC02
Petitioner agrees to endorse this check to the Department of Health Care
Services; and
B. A lump sum of $45,000.00 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
4 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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