VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01360
Package ID: USCOURTS-cofc-1_17-vv-01360
Petitioner: Amber Quintal
Filed: 2017-09-27
Decided: 2022-01-06
Vaccine: Tdap
Vaccination date: 2010-04-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 162500

AI-assisted case summary:
Amber Quintal filed a petition for compensation under the National Vaccine Injury Compensation Program on September 27, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on April 12, 2010. Initially, the case was handled by Chief Special Master Nora Beth Dorsey, who issued a ruling on entitlement on June 5, 2019. In that ruling, the respondent conceded that petitioner's medical course was consistent with SIRVA and that she met all legal prerequisites for compensation. Following this entitlement ruling, the parties proceeded to stipulate on damages. On November 23, 2021, a joint stipulation on damages was filed. Chief Special Master Brian H. Corcoran reviewed and adopted this stipulation in a decision dated January 6, 2022. The stipulation stated that petitioner received the Tdap vaccine on April 12, 2010, within the United States, and sustained a left shoulder injury related to vaccination administration (SIRVA) within the time period set forth in the Vaccine Injury Table, experiencing residual effects for more than six months. The stipulation also noted that there was no preponderance of evidence demonstrating the injury was due to an unrelated factor and that there had been no prior award or settlement of a civil action for damages. Based on the stipulation, Chief Special Master Corcoran awarded Amber Quintal a lump sum of $162,500.00, payable by check to the petitioner, as compensation for all damages available under the Vaccine Act. This amount represents a compromise of the parties' respective positions on damages. The Tdap vaccine is listed on the Vaccine Injury Table, and the petitioner's injury was found to be a Table injury. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and the respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice.

Theory of causation field:
Petitioner Amber Quintal received a Tdap vaccine on April 12, 2010, and alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that petitioner's medical course was consistent with SIRVA and that she met all legal prerequisites for compensation. The parties filed a joint stipulation on damages, which was adopted by Chief Special Master Brian H. Corcoran on January 6, 2022. The stipulation stated that petitioner sustained a SIRVA within the time period set forth in the Vaccine Injury Table and experienced residual effects for more than six months, with no evidence of an unrelated cause. The Tdap vaccine is on the Vaccine Injury Table, and the injury was found to be a Table injury. Petitioner was awarded $162,500.00 as compensation for all damages. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Adriana Ruth Teitel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01360-0
Date issued/filed: 2019-08-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/05/2019) regarding 43 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01360-UNJ Document 49 Filed 08/21/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1360V
Filed: June 5, 2019
UNPUBLISHED
AMBER QUINTAL,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 27, 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”) following receipt of an influenza (“flu”) vaccination on April 12,
2010. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On May 31, 2019, 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.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling will be available to anyone with access to the internet. 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. Because this unpublished ruling contains a reasoned explanation for the action in this
case, undersigned is required 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).
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.

Case 1:17-vv-01360-UNJ Document 49 Filed 08/21/19 Page 2 of 2
Specifically, respondent concluded that petitioner’s medical course is consistent with a
SIRVA Id. at 4-5. Respondent further agrees that petitioner has satisfied all legal
prerequisites for compensation under the Vaccine Act. Id. at 5.
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-01360-1
Date issued/filed: 2022-01-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/29/2021) regarding 107 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:17-vv-01360-UNJ Document 113 Filed 01/06/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1360V
UNPUBLISHED
AMBER QUINTAL, Chief Special Master Corcoran
Petitioner, Filed: November 29, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus-
HUMAN SERVICES, Diphtheria-Acellular Pertussis
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 27, 2017, Amber Quintal 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 caused by a tetanus-diphtheria-acellular pertussis vaccine administered
on April 12, 2010. Amended Petition at 1; Stipulation, filed at November 23, 2021, ¶¶ 1,
2. Petitioner further alleges that the vaccine was administered within the United States,
that she suffered the residual effects of her SIRVA for more than six months, and that
there has been no prior award or settlement of a civil action for damages on her behalf
as a result of her condition. Petition at 1, 5-6 ; Stipulation at ¶¶ 3-6.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required 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). This means the Decision will be available to anyone with access to the
internet. 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, I agree that the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:17-vv-01360-UNJ Document 113 Filed 01/06/22 Page 2 of 7
On November 23, 2021, the parties filed the attached joint stipulation, stating that
a decision should be entered awarding compensation. I find the stipulation reasonable
and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $162,500.00 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 Section 15(a). Id.
I approve 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/Brian H. Corcoran
Brian H. Corcoran
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-01360-UNJ Document 113 Filed 01/06/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
AMBER QUINTAL,
Petitioner,
No. 17-1360V
V.
Chief Special Master Corcoran (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Amber Quintal, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of a tetanus-diphtheria-acellular pertussis ("Tdap") vaccine, which is a vaccine contained in the
Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the Tdap vaccine on April 12, 2010.
3. The vaccination was administered within the United States.
4. Petitioner sustained a left shoulder injury related to vaccination administration
("SIRVA") within the time period set forth in the Table following receipt of the Tdap vaccine,
and experienced the residual effects of her SIRVA for more than six months.
5. There is not a preponderance of evidence demonstrating that petitioner's injury is due
to a factor unrelated to vaccination.
6. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.

Case 1:17-vv-01360-UNJ Document 113 Filed 01/06/22 Page 4 of 7
7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act
for her SIRVA Table injury. Therefore, a decision should be entered awarding the compensation
described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $162,500.00 in the form of a check payable to
petitioner. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 l(a)(I), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
2

Case 1:17-vv-01360-UNJ Document 113 Filed 01/06/22 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the United States Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-l 0 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the Tdap vaccination administered on
April 12, 2010, as alleged by petitioner in a petition for vaccine compensation filed on or about
September 27, 2017, in the United States Court of Federal Claims as petition No. l 7-l 360V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
3

Case 1:17-vv-01360-UNJ Document 113 Filed 01/06/22 Page 6 of 7
I 6. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of I 986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to amount of
damages, and further, that a change in the nature of the injury or condition or in the items of
compensation sought, is not grounds to modify or revise this agreement.
I 7. The Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap vaccine caused petitioner's shoulder
injury or any other injury or her current condition; however, petitioner has satisfied the Table
criteria to establish entitlement to compensation.
I 8. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:17-vv-01360-UNJ Document 113 Filed 01/06/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
AMBER QUINTAL
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
,i i-~
OF THE ATTORNE)" GENERAL:
PETITIONER: ~
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LEAH V. Df HEATHER L. PEARLMAN
Counsel for Petitioner Deputy Director
LAW OFFICES OF LEAH V. Dt !RANT, PLLC Torts Branch. Civil Division
1717 K Street NW, Suite 900 U.S. Department of Justice
Washington, DC 20006 P.O. Box 146
Phone:202-775-9200 Benjamin Franklin Station
Email: ldurant@durantllc.com Washington. DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRET ARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES: o.cin 1-l-l 1c ,
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TAMARA OVERBY ADRIANA TEITEL
Acting Director. Division of Injury Trial Attorney
Compensation Programs Torts Branch. Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Phone: 202-616-3677
5600 Fishers Lane. 08N 146B Email: adriana.teitel@usdoj.gov
Rockville, MD 20857
/l /?--3 /)., (
Dated:
5