VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01979
Package ID: USCOURTS-cofc-1_17-vv-01979
Petitioner: Jackie Duty
Filed: 2017-12-19
Decided: 2018-12-06
Vaccine: Tdap
Vaccination date: 2015-12-31
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 115963

AI-assisted case summary:
Jackie Duty filed a petition for compensation under the National Vaccine Injury Compensation Program on December 19, 2017, alleging she suffered a Table Injury, shoulder injury related to vaccine administration (SIRVA), after receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on December 31, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 19, 2018, conceding that the petitioner's alleged injury was consistent with SIRVA of the left arm and met the requirements of a Table injury claim for SIRVA stemming from the Tdap vaccination. The respondent further agreed that the petitioner had satisfied all legal prerequisites for compensation. On September 21, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation. Subsequently, on October 4, 2018, the respondent filed a proffer on the award of compensation, indicating that the petitioner should be awarded $115,963.87. This amount represented $115,000.00 for past and future pain and suffering and $963.87 for past unreimbursed expenses. The petitioner agreed with the proffered award. On December 6, 2018, Chief Special Master Dorsey issued a decision awarding damages based on this proffer, granting a lump sum payment of $115,963.87 to Jackie Duty. Petitioner's counsel was John Robert Howie of Howie Law, PC, and respondent's counsel was Darryl R. Wishard of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jackie Duty alleged a Table Injury, specifically shoulder injury related to vaccine administration (SIRVA), following a Tdap vaccination on December 31, 2015. The respondent conceded that the alleged injury was consistent with SIRVA of the left arm and met the requirements of a Table injury claim. The public decision does not describe the specific mechanism of injury or any expert testimony. Petitioner was found entitled to compensation, and a damages award was issued on December 6, 2018, based on a proffer agreed to by both parties. The award totaled $115,963.87, consisting of $115,000.00 for past and future pain and suffering and $963.87 for past unreimbursed expenses. Chief Special Master Nora Beth Dorsey presided over the case. Petitioner was represented by John Robert Howie, and respondent was represented by Darryl R. Wishard.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01979-0
Date issued/filed: 2018-10-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/21/2018) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01979-UNJ Document 39 Filed 10/24/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1979V
Filed: September 21, 2018
UNPUBLISHED
JACKIE DUTY,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 19, 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 that she suffered a Table Injury, shoulder injury
related to vaccine administration (“SIRVA”), after receiving a tetanus, diphtheria, and
acellular pertussis vaccination on December 31, 2015. Petition at 1. Petitioner further
alleges that she has suffered the residual effects of her injury for more than six months
and that she has never received compensation for her injury, alleged as vaccine
caused. Id. at ¶¶ 27-28. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
1 Because this unpublished ruling 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-01979-UNJ Document 39 Filed 10/24/18 Page 2 of 2
On September 19, 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 “has concluded that petitioner’s alleged injury
is consistent with SIRVA of the left arm and that it meets the requirements of a Table
injury claim for SIRVA stemming from the Tdap vaccination on December 31, 2015.” Id.
at 4. Respondent further agrees that “based on the record as it now stands, petitioner
has satisfied all legal prerequisites for compensation under the Act.” Id.
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-01979-1
Date issued/filed: 2018-12-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/04/2018) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01979-UNJ Document 40 Filed 12/06/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1979V
Filed: October 4, 2018
UNPUBLISHED
JACKIE DUTY,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 19, 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 that she suffered a Table Injury, shoulder injury
related to vaccine administration (“SIRVA”), after receiving a tetanus, diphtheria, and
acellular pertussis vaccination on December 31, 2015. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On September 21, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On October 4, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $115,963.87,
representing $115,000.00 for past and future pain and suffering and $963.87 for past
unreimbursed expenses. Proffer at 2. In the Proffer, respondent represented that
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-01979-UNJ Document 40 Filed 12/06/18 Page 2 of 5
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
petitioner a lump sum payment of $115,963.87, representing $115,000.00 for
actual and projected pain and suffering and $963.87 for actual unreimbursable
expenses in the form of a check payable to petitioner, Jackie Duty. 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-01979-UNJ Document 40 Filed 12/06/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JACKIE DUTY, )
)
Petitioner, ) No. 17-1979V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On December 19, 2017, Jackie Duty (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. She alleges that, as a result of receiving the tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine on December 31, 2015, she suffered from a left shoulder injury
related to vaccine administration (“SIRVA”), which is an injury listed on the Vaccine Injury
Table (“Table”) for the Tdap vaccine.2 Petition at 1. On September 19, 2018, respondent filed
his Vaccine Rule 4(c) report, conceding entitlement to compensation for a left SIRVA. On
September 21, 2018, the Chief Special Master issued a ruling on entitlement, finding that
petitioner was entitled to compensation for a Table injury of SIRVA.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.
2 The Table is located at 42 C.F.R. § 100.3.

Case 1:17-vv-01979-UNJ Document 40 Filed 12/06/18 Page 4 of 5
II. Items of Compensation
Petitioner has alleged entitlement to the following elements of compensation: past and
future pain/suffering and past unreimbursed expenses. Based upon the evidence of record,
respondent proffers that petitioner should be awarded $115,000.00 for past and future
pain/suffering, and $963.87 for past unreimbursed expenses, for a total of $115,963.87. This
amount represents all elements of compensation to which petitioner would be entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $115,963.87, in the form of a check payable to petitioner.3
Petitioner agrees.
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
3 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:17-vv-01979-UNJ Document 40 Filed 12/06/18 Page 5 of 5
/s/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: October 4, 2018 Fax: (202) 616-4310
3