VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01936 Package ID: USCOURTS-cofc-1_17-vv-01936 Petitioner: Melody Chesley Filed: 2017-12-13 Decided: 2019-08-21 Vaccine: Tdap Vaccination date: 2017-01-06 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 117251 AI-assisted case summary: Melody Chesley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from a Tdap vaccination received on January 6, 2017. The respondent conceded that Ms. Chesley was entitled to compensation, finding her condition consistent with SIRVA as defined on the Vaccine Injury Table. Specifically, she had no recent history of shoulder pain, the pain occurred within 48 hours after vaccination, was limited to the vaccination shoulder, and no other condition explained the pain. Her condition also resulted in residual effects for more than six months. A ruling on entitlement was issued on November 2, 2018, finding her eligible for compensation. Subsequently, on June 4, 2019, the respondent filed a proffer on award of compensation, which Ms. Chesley agreed to. The total award was $117,251.32, comprising pain and suffering ($80,000.00), unreimbursable out-of-pocket expenses ($901.56), past medical expenses owed to South Peninsula Hospital ($26,359.82), and past lost wages ($9,989.94). The decision awarding damages was issued on August 21, 2019. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01936-0 Date issued/filed: 2018-12-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/02/2018) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01936-UNJ Document 27 Filed 12/12/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1936V Filed: November 2, 2018 UNPUBLISHED MELODY CHESLEY, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Tetanus Diphtheria SECRETARY OF HEALTH AND acellular Pertussis (Tdap) Vaccine; HUMAN SERVICES, Shoulder Injury Related to Vaccine 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 December 13, 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”), resulting from the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination she received on January 6, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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. 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-01936-UNJ Document 27 Filed 12/12/18 Page 2 of 2 On November 1, 2018, 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. Specifically, respondent indicates that petitioner’s medical course is consistent with a shoulder injury related to vaccine administration (“SIRVA”) as defined on the Vaccine Injury Table. Specifically, petitioner had no recent history of pain, inflammation, or dysfunction of her left shoulder, pain occurred within 48 hours after receipt of an intramuscular vaccination, pain was limited to the shoulder where the vaccine was administered, and no other condition or abnormality, such as brachial neuritis, has been identified to explain petitioner’s shoulder pain. 42 C.F.R. §§ 100.3(a); 42 C.F.R. 100.3(c)(10). Additionally, based on the medical records outlined above, petitioner suffered the residual effects of her condition for more than six months. Therefore, based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i). 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_17-vv-01936-1 Date issued/filed: 2019-08-21 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 06/05/2019) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01936-UNJ Document 38 Filed 08/21/19 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1936V Filed: June 5, 2019 UNPUBLISHED MELODY CHESLEY, Petitioner, Special Processing Unit (SPU); v. Damages Decision Based on Proffer; Tetanus Diphtheria acellular SECRETARY OF HEALTH AND Pertussis (Tdap) Vaccine; Shoulder HUMAN SERVICES, Injury Related to Vaccine 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. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On December 13, 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 she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), resulting from the tetanus-diphtheria- acellular pertussis (“Tdap”) vaccination she received on January 6, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 2, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On June 4, 2019, respondent filed a proffer on 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-01936-UNJ Document 38 Filed 08/21/19 Page 2 of 4 award of compensation (“Proffer”) indicating petitioner should be “awarded $117,251.32. This is comprised of pain and suffering ($80,000.00), unreimbursable out of pocket expenses incurred personally by petitioner ($901.56), out of pocket medical expenses owed to South Peninsula Hospital, Inc. ($26,359.82), and past lost wages ($9,989.94).” Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the undersigned awards the following: • a lump sum payment of $90,891.50 (comprised of pain and suffering ($80,000.00), unreimbursable out of pocket expenses incurred personally by petitioner ($901.56), and past lost wages ($9,989.94)) in the form of a check payable to petitioner, Melody Chesley. • a lump sum of $26,359.82, representing the balance due on petitioner’s past incurred medical expenses, in the form of a check payable jointly to petitioner and South Peninsula Hospital Inc. Petitioner agrees to endorse this payment to South Peninsula Hospital. This amount represents compensation for all damages that would be available under § 15(a). 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 Case 1:17-vv-01936-UNJ Document 38 Filed 08/21/19 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MELODY CHESLEY, Petitioner, No. 17-1936V v. Chief Special Master Dorsey ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On November 1, 2018, respondent filed a Rule 4(c) Report conceding that petitioner is entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”) injury. On November 2, 2018, the Chief Special Master issued a Ruling on Entitlement adopting respondent’s recommendation. Based upon the evidence of record, respondent proffers that petitioner should be awarded $117,251.32. This is comprised of pain and suffering ($80,000.00), unreimbursable out of pocket expenses incurred personally by petitioner ($901.56), out of pocket medical expenses owed to South Peninsula Hospital, Inc. ($26,359.82), and past lost wages ($9,989.94), and represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. 1 Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses and future pain and suffering. Case 1:17-vv-01936-UNJ Document 38 Filed 08/21/19 Page 4 of 4 II. Form of the Award Respondent recommends, and petitioner agrees, that the compensation provided to petitioner should be made through the following: • a lump sum payment of $90,891.50 in the form of a check payable to petitioner2 and • a lump sum of $26,359.82, representing the balance due on petitioner’s past incurred medical expenses, in the form of a check payable jointly to petitioner and South Peninsula Hospital Inc. Petitioner agrees to endorse this payment to South Peninsula Hospital. Respectfully submitted, JOSEPH H. HUNT Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Adriana Teitel ADRIANA TEITEL Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 616-3677 Dated: June 4, 2019 2 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.