VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01002
Package ID: USCOURTS-cofc-1_17-vv-01002
Petitioner: Angela Dieter
Filed: 2017-07-25
Decided: 2019-01-16
Vaccine: Tdap
Vaccination date: 2015-07-23
Condition: right shoulder injuries
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Angela Dieter filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered right shoulder injuries resulting from the Tetanus, Diphtheria, Pertussis (Tdap) vaccine she received on July 23, 2015. She stated that she received the vaccine in the United States, that her injuries lasted more than six months, and that she had not previously filed an action or received compensation for vaccine-related injuries. Respondent denied that the Tdap vaccine caused her shoulder injuries. Nevertheless, on October 18, 2018, 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. Pursuant to the stipulation, the court awarded Angela Dieter a lump sum of $50,000.00, representing compensation for all items of damages available under the Vaccine Act. The award was made in the form of a check payable to the petitioner.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01002-0
Date issued/filed: 2019-01-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/18/2018) 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-01002-UNJ Document 35 Filed 01/16/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1002V
Filed: October 18, 2018
UNPUBLISHED
ANGELA DIETER,
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
Right Shoulder Injuries
HUMAN SERVICES,
Respondent.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 25, 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 right shoulder injuries resulting from the
adverse effects of the Tetanus, Diphtheria, Pertussis (“Tdap”) vaccine received on July
23, 2015. Petition at 1; Stipulation, filed October 18, 2018, at ¶¶ 1-2. Petitioner further
alleges that she received the vaccine in the United States, that her injuries and
sequelae lasted more than six months, and that she has not previously filed an action or
received compensation for her vaccine-related injuries. Petition at 1, 3; Stipulation at ¶¶
3-5. “Respondent denies that the Tdap vaccine caused petitioner to suffer right
shoulder injuries, or any other injury. ” Stipulation at ¶ 6.
Nevertheless, on October 18, 2018, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-01002-UNJ Document 35 Filed 01/16/19 Page 2 of 7
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 $50,000.00 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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