VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01914
Package ID: USCOURTS-cofc-1_17-vv-01914
Petitioner: Darlene Howe
Filed: 2017-12-08
Decided: 2019-05-29
Vaccine: Tdap
Vaccination date: 2016-09-15
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85845

AI-assisted case summary:
Darlene Howe filed a petition for compensation under the National Vaccine Injury Compensation Program on December 8, 2017, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccination she received on September 15, 2016. She stated that she received the vaccination in the United States, that the effects of her injury lasted for more than six months, and that she had not received any prior award or settlement for this condition. Respondent denied that the Tdap vaccine caused petitioner’s alleged left SIRVA or any other injury, and further denied that her current disabilities were sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on March 21, 2019, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Darlene Howe was awarded a lump sum of $85,845.00, representing compensation for all items of damages available under the Vaccine Act. The award was to be paid in the form of a check payable to petitioner.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01914-0
Date issued/filed: 2019-05-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/21/2019) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01914-UNJ Document 33 Filed 05/29/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1914V
Filed: March 21, 2019
UNPUBLISHED
DARLENE HOWE,
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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 8, 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 left shoulder injury related to
vaccine administration (“SIRVA”) as the result of a tetanus, diphtheria, acellular
pertussis (“Tdap”) vaccination she received on September 15, 2016 . Petition at 1;
Stipulation, filed March 21, 2019, at ¶¶ 2, 4. Petitioner further alleges that she received
the vaccination in the United States, that she suffered the effects of her injury 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 2; Stipulation at ¶¶ 3-
5. “Respondent denies that the Tdap vaccine caused petitioner’s alleged left 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-01914-UNJ Document 33 Filed 05/29/19 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 March 21, 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 $85,845.00 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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