VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01586
Package ID: USCOURTS-cofc-1_17-vv-01586
Petitioner: Anthony Rucker
Filed: 2017-10-23
Decided: 2019-02-27
Vaccine: Tdap
Vaccination date: 2016-04-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
On October 23, 2017, Anthony Rucker filed a petition for compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine he received on April 12, 2016. Mr. Rucker stated that the vaccine was administered in the United States and that his injury lasted more than six months. He also affirmed that neither he nor any other party had brought an action or received compensation for his vaccine-related injuries. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Rucker's alleged right SIRVA or any other injury, and further denied that his current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, on January 23, 2019, the parties filed a joint stipulation for compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Anthony Rucker was awarded a lump sum of $50,000.00, payable by check to the petitioner, as compensation for all items of damages available under § 15(a). The decision was filed on February 27, 2019. Petitioner's counsel was Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent's counsel was Lisa Ann Watts of the U.S. Department of Justice.

Theory of causation field:
Petitioner Anthony Rucker alleged a shoulder injury related to vaccine administration (SIRVA) caused by a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine administered on April 12, 2016. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence. The case was resolved via stipulation, resulting in a $50,000.00 lump sum award for all damages under § 15(a). The theory of causation is based on the "Table" as indicated by the internal database fields, though not explicitly detailed in the provided text. Petitioner was represented by Diana Lynn Stadelnikas, and respondent by Lisa Ann Watts. The decision date was February 27, 2019.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01586-0
Date issued/filed: 2019-02-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/24/2019) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01586-UNJ Document 44 Filed 02/27/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1586V
Filed: January 24, 2019
UNPUBLISHED
ANTHONY RUCKER,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Tetanus
Diphtheria acellular Pertussis (Tdap)
SECRETARY OF HEALTH AND
Vaccine; Shoulder Injury Related to
HUMAN SERVICES,
Vaccine Administration (SIRVA)
Respondent.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 23, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) caused by a Tetanus Diphtheria acellular Pertussis (“Tdap”)
vaccine received on April 12, 2016. Petition at 1-2; Stipulation, filed January 23, 2019,
at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United
States, that his injury lasted more than six months, and that neither he nor any other
party has brought an action or received compensation in the form of an award or
settlement for petitioner’s vaccine-related injuries. Petition at 1-3; Stipulation at ¶¶ 3-5.
“Respondent denies that the Tdap vaccine caused petitioner’s alleged right SIRVA, or
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
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, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such
material from public access. Because this unpublished decision 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. 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-01586-UNJ Document 44 Filed 02/27/19 Page 2 of 7
any other injury, and further denies that petitioner’s current disabilities are sequelae of a
vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on January 23, 2019, 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 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 § 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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