VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01841
Package ID: USCOURTS-cofc-1_17-vv-01841
Petitioner: Harold A. Mojicatoro
Filed: 2017-11-28
Decided: 2018-12-06
Vaccine: Tdap
Vaccination date: 2016-11-13
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 72500

AI-assisted case summary:
Harold A. Mojicatoro filed a petition for compensation under the National Vaccine Injury Compensation Program on November 28, 2017, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a Tetanus diphtheria acellular pertussis (Tdap) vaccination on November 13, 2016. Mr. Mojicatoro claimed the vaccine was administered in the United States and resulted in his SIRVA. Respondent, the Secretary of Health and Human Services, denied that the tetanus vaccine caused Mr. Mojicatoro's alleged SIRVA. Despite the denial, the parties filed a joint stipulation on October 4, 2018, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and awarded Mr. Mojicatoro a lump sum of $72,500.00. This amount represents compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with the stipulation, unless a motion for review was filed.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01841-0
Date issued/filed: 2018-12-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/09/2018) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01841-UNJ Document 37 Filed 12/06/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1841V
Filed: October 9, 2018
UNPUBLISHED
HAROLD A. MOJICATORO,
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.
Carol. L. Gallagher, Carol L. Gallagher, Esquire, LLC., Linwood, NJ, for petitioner.
Julia Mater Collison, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 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 he suffered a Shoulder Injury Related to Vaccine
Administration following the administration of a Tetanus diphtheria acellular pertussis
(“Tdap”) vaccination on November 13, 2016. Petition at 1; Stipulation, filed October 4,
2018, at ¶ 1. Petitioner further alleges that the vaccine was administered in the United
States, that he suffered a SIRVA as a result of the Tdap vaccine, and that there has
been no prior award or settlement of a civil action for damages as a result of his alleged
condition. Petition at 3; Stipulation at ¶¶ 3-5. “Respondent denies that the tetanus
vaccine caused Mr. Mojicatoro’s alleged SIRVA.” Stipulation at ¶ 6.
Nevertheless, on October 4, 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-01841-UNJ Document 37 Filed 12/06/18 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 $72,500.00 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 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amou.nt 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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