VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01880
Package ID: USCOURTS-cofc-1_17-vv-01880
Petitioner: Kathy Biser
Filed: 2017-12-05
Decided: 2021-04-15
Vaccine: Tdap
Vaccination date: 2016-05-25
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 54326

AI-assisted case summary:
Kathy Biser filed a petition on December 5, 2017, alleging that the Tetanus-Diphtheria-acellular-pertussis (Tdap) vaccine she received on or about May 25, 2016, caused her to suffer from a shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. Respondent denied that the vaccine caused the SIRVA or that the injury persisted for more than six months. The parties filed a joint stipulation agreeing to compensation. Special Master Christian J. Moran found the stipulation reasonable and adopted it as the decision of the Court. Kathy Biser was awarded a lump sum payment of $54,326.42, payable by check to petitioner, for all damages. The decision was issued on April 15, 2021. Petitioner was represented by Joseph Vuckovich of Maglio Christopher & Toale, P.A., and Respondent was represented by Emilie Williams of the United States Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Kathy Biser alleged that the Tdap vaccine administered on or about May 25, 2016, caused a shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. Respondent denied causation and duration of injury. The parties entered into a joint stipulation for compensation. The Special Master adopted the stipulation, awarding a lump sum of $54,326.42. The theory of causation falls under the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01880-0
Date issued/filed: 2021-04-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/24/2021) regarding 99 DECISION Stipulation/Proffer Signed by Special Master Christian J. Moran. (Attachments: # (1) Appendix Joint Stipulation)(jmw) Service on parties made.
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Case 1:17-vv-01880-UNJ Document 102 Filed 04/15/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
KATHY BISER, *
* No. 17-1880V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: March 24, 2021
*
SECRETARY OF HEALTH * Stipulation; Tetanus Diphtheria;
AND HUMAN SERVICES, * acellular Pertussis (“Tdap”) vaccine;
* shoulder injury related to vaccine
Respondent. * administration (“SIRVA”).
* * * * * * * * * * * * * * * * * * * * *
Joseph Vuckovich, Maglio Christopher & Toale, P.A., Washington, DC, for
Petitioner;
Emilie Williams, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On March 23, 2021, the parties filed a joint stipulation concerning the
petition for compensation filed by Kathy Biser on December 5, 2017. Petitioner
alleged that the Tetanus-Diphtheria-acellular-pertussis (“Tdap”) vaccine she
received on or about May 25, 2016, which is contained in the Vaccine Injury Table
(the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from a shoulder injury
related to vaccination administration (“SIRVA”). Petitioner further alleges that she
suffered the residual effects of this injury for more than six months. 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.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:17-vv-01880-UNJ Document 102 Filed 04/15/21 Page 2 of 2
Respondent denies that the Tdap vaccine caused petitioner to suffer from
SIRVA or other shoulder injury and denies that petitioner experienced the residual
effects of the alleged injury for more than six months.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $54,326.42 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-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment according to this decision and the attached
stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2