VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00158
Package ID: USCOURTS-cofc-1_18-vv-00158
Petitioner: Margery Hebden
Filed: 2018-01-31
Decided: 2019-05-01
Vaccine: Tdap
Vaccination date: 2017-06-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Margery Hebden filed a petition for compensation under the National Vaccine Injury Compensation Program on January 31, 2018. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on June 24, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Hebden's alleged injury was consistent with SIRVA, a condition listed on the Vaccine Injury Table, and that she met all legal prerequisites for compensation. On December 7, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Hebden entitled to compensation. Subsequently, on March 8, 2019, the respondent filed a proffer on the award of compensation. Based on this proffer, to which the petitioner agreed, Chief Special Master Dorsey issued a decision on May 1, 2019, awarding Ms. Hebden a lump sum payment of $50,000.00 for pain and suffering. This amount represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Jeffrey T. Sprague of the U.S. Department of Justice.

Theory of causation field:
Petitioner Margery Hebden alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on June 24, 2017. The respondent conceded that the injury was consistent with SIRVA, a condition listed on the Vaccine Injury Table, and that petitioner met all legal prerequisites for compensation. A ruling on entitlement was issued on December 7, 2018, finding petitioner entitled to compensation. A subsequent decision on May 1, 2019, awarded $50,000.00 for pain and suffering based on a proffer agreed to by both parties. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the concession of a Table injury. Chief Special Master Nora Beth Dorsey presided over the case. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Jeffrey T. Sprague.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-00158-0
Date issued/filed: 2019-01-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/07/2018) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00158-UNJ Document 27 Filed 01/17/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0158V
Filed: December 7, 2018
UNPUBLISHED
MARGERY HEBDEN,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 31, 2018, 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”) after receiving the tetanus, diphtheria, and acellular pertussis
(“Tdap”) vaccine on June 24, 2017. Petition at 1, ¶ 5. Petitioner further alleges that she
received the vaccination in the United States, suffered the residual effects of her injury
for more than six months, and that neither she nor any other party has filed a civil action
or received compensation for her injury, alleged as vaccine caused. Id. at 1, ¶¶ 13, 15.
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 1:18-vv-00158-UNJ Document 27 Filed 01/17/19 Page 2 of 2
On December 7, 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 a shoulder injury related to vaccine administration (“SIRVA”) as
defined on the Vaccine Injury Table.” 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_18-vv-00158-1
Date issued/filed: 2019-05-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/12/2019) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00158-UNJ Document 40 Filed 05/01/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0158V
Filed: March 12, 2019
UNPUBLISHED
MARGERY HEBDEN,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 31, 2018, 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”) after receiving the tetanus, diphtheria, and acellular pertussis
(“Tdap”) vaccine on June 24, 2017. Petition at 1, ¶ 5. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 7, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her SIRVA. On March 8, 2019, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$50,000.00, representing compensation for pain and suffering. Proffer at 2. In the
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 1:18-vv-00158-UNJ Document 40 Filed 05/01/19 Page 2 of 4
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
petitioner a lump sum payment of $50,000.00, representing compensation for pain
and suffering, in the form of a check payable to petitioner, Margery Hebden. 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 1:18-vv-00158-UNJ Document 40 Filed 05/01/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
MARGERY HEBDEN, )
)
Petitioner, ) No. 18-158V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 31, 2018, Margery Hebden (“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, and acellular
pertussis (Tdap) vaccine on June 24, 2017, she suffered from a right shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1-4. On December 7, 2018, respondent filed his
Vaccine Rule 4(c) report, conceding SIRVA as a Table injury. On December 7, 2018, the Chief
Special Master issued a ruling on entitlement, finding that petitioner was entitled to
compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $50,000.00 (for pain and suffering) for all damages. This amount represents all
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:18-vv-00158-UNJ Document 40 Filed 05/01/19 Page 4 of 4
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 $50,000.00, in the form of a check payable to petitioner.2
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
/s/Jeffrey T. Sprague
JEFFREY T. SPRAGUE
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) 616-4179
Dated: March 8, 2019 Fax: (202) 616-4310
2 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