VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01296
Package ID: USCOURTS-cofc-1_17-vv-01296
Petitioner: Joan M Douglass
Filed: 2017-09-20
Decided: 2018-10-23
Vaccine: Tdap
Vaccination date: 2016-01-01
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Joan M Douglass filed a petition for compensation under the National Vaccine Injury Compensation Program on September 20, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a Tdap vaccine in her left upper arm on January 1, 2016. The respondent conceded entitlement, stating that Ms. Douglass had no prior history of left shoulder issues, her pain began within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. A ruling on entitlement was issued on June 6, 2018, finding her entitled to compensation. Subsequently, on August 14, 2018, the respondent filed a proffer agreeing to an award of $110,000.00, which included $9,533.25 for unreimbursable expenses and the remainder for pain, suffering, and emotional distress. Ms. Douglass agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Douglass a lump sum of $110,000.00 on October 23, 2018.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01296-0
Date issued/filed: 2018-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/06/2018) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01296-UNJ Document 39 Filed 09/19/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1296V
Filed: June 6, 2018
UNPUBLISHED
JOAN M DOUGLASS,
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.
Glen Howard Sturtevant, Jr., Rawls Law Group, Richmond, VA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 20, 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 result of a tetanus diphtheria acellular pertussis
(“Tdap”) vaccine she received in her left upper arm on January 1, 2016. Petition at 1-2.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 5, 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 states that “petitioner had no history of pain, inflammation, or
dysfunction of her left shoulder, the onset of pain occurred within forty-eight hours after
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-01296-UNJ Document 39 Filed 09/19/18 Page 2 of 2
receipt of an intramuscular [vaccination], the pain was limited to the shoulder where the
vaccine was administered, and no other condition or abnormality, such as brachial
neuritis, has been identified to explain petitioner’s shoulder pain.” Id. at 4. Respondent
further agrees that “petitioner has satisfied all legal prerequisites for compensation
under the 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-01296-1
Date issued/filed: 2018-10-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/15/2018) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01296-UNJ Document 40 Filed 10/23/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1296V
Filed: August 15, 2018
UNPUBLISHED
JOAN M DOUGLASS,
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.
Glen Howard Sturtevant, Jr., Rawls Law Group Richmond, VA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 20, 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 result of a tetanus diphtheria acellular pertussis
(“Tdap”) vaccine she received in her left upper arm on January 1, 2016. Petition at 1-2.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 6, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her SIRVA. On August 14, 2018, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $110,000.00
(including unreimbursable expenses totaling $9,533.25, with the remainder representing
an award for actual and projected pain, suffering, and emotional distress). Proffer at 1.
In the Proffer, respondent represented that petitioner agrees with the proffered award.
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-01296-UNJ Document 40 Filed 10/23/18 Page 2 of 4
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 $110,000.00 (including unreimbursable
expenses totaling $9,533.25, with the remainder representing an award for actual
and projected pain, suffering, and emotional distress) in the form of a check
payable to petitioner, Joan M Douglass. 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-01296-UNJ Document 40 Filed 10/23/18 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOAN M. DOUGLASS,
Petitioner,
v. No. 17-1296V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 5, 2018, respondent filed his Rule 4(c) Report, in which he recommended that
the Court find petitioner entitled to compensation, and on June 6, 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 $110,000.00 (including unreimbursable
expenses totaling $9,533.25, with the remainder representing an award for actual and projected
pain, suffering, and emotional distress) 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 $110,000.00.2
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-01296-UNJ Document 40 Filed 10/23/18 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/ 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: August 14, 2018
2