VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00377 Package ID: USCOURTS-cofc-1_18-vv-00377 Petitioner: Jaynee Beaty Filed: 2018-03-12 Decided: 2019-08-14 Vaccine: Tdap Vaccination date: 2016-04-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 100138 AI-assisted case summary: Jaynee Beaty, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on March 12, 2018. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccine she received on April 2, 2016. The case was assigned to the Special Processing Unit. On April 1, 2019, the respondent filed a Rule 4(c) report conceding that Ms. Beaty was entitled to compensation. The respondent determined that her medical course was consistent with SIRVA as defined by the Vaccine Injury Table, that she suffered residual effects for more than six months, and that she satisfied all legal prerequisites for compensation. On April 5, 2019, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement finding Ms. Beaty eligible for compensation. Subsequently, on May 22, 2019, the respondent filed a proffer on award of compensation. The parties agreed to an award of $100,138.16, comprising $100,000.00 for pain and suffering and $138.16 for past unreimbursed expenses. On August 14, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Ms. Beaty a lump sum payment of $100,138.16. Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The case proceeded as a Table claim. Theory of causation field: Petitioner Jaynee Beaty received a Tdap vaccine on April 2, 2016, and alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that petitioner's condition was consistent with SIRVA as defined by the Vaccine Injury Table and that she met the legal requirements for compensation. The case was treated as a Table claim. No specific medical experts, onset details, symptoms, tests, treatments, or mechanism of injury were described in the public decision. An entitlement ruling was issued on April 5, 2019, by Chief Special Master Nora Beth Dorsey. A damages decision was issued on August 14, 2019, by Chief Special Master Nora Beth Dorsey, awarding a lump sum of $100,138.16, consisting of $100,000.00 for pain and suffering and $138.16 for past unreimbursed expenses, based on a proffer agreement between the parties. Petitioner was represented by Diana Lynn Stadelnikas, and respondent was represented by Colleen Clemons Hartley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00377-0 Date issued/filed: 2019-06-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/05/2019) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00377-UNJ Document 43 Filed 06/12/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-377V Filed: April 5, 2019 UNPUBLISHED JAYNEE PURDOM, 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. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On March 12, 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 left shoulder injury related to vaccine administration as a result of her April 2, 2016 Tdap vaccination. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 1, 2019, 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. 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 1:18-vv-00377-UNJ Document 43 Filed 06/12/19 Page 2 of 2 Specifically, respondent “has determined that petitioner’s medical course is consistent with a shoulder injury related to vaccine administration (“SIRVA”) as defined by the Vaccine Injury Table.” Id. at 4. Respondent further agrees that petitioner suffered residual effects of her injury for more than six months and that petitioner has satisfied all legal prerequisites to compensation under the Vaccine 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-00377-1 Date issued/filed: 2019-08-14 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 05/22/2019) regarding 38 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00377-UNJ Document 47 Filed 08/14/19 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-377V Filed: May 22, 2019 UNPUBLISHED JAYNEE BEATY, 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. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On March 12, 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”) as a result of a DTaP vaccine administered April 2, 2016. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 5, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On May 22, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $100,138.16, 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-00377-UNJ Document 47 Filed 08/14/19 Page 2 of 4 representing $100,000.00 for petitioner’s pain and suffering and $138.16 for past unreimbursed expenses. 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 petitioner a lump sum payment of $100,138.16, representing $100,000.00 for petitioner’s pain and suffering and $138.16 for past unreimbursed expenses, in the form of a check payable to petitioner, Jaynee Beaty. 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-00377-UNJ Document 47 Filed 08/14/19 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JAYNEE BEATY, ) ) Petitioner, ) ) No. 18-377V v. ) Chief Special Master Dorsey ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On March 12, 2018, Jayne Purdom (“petitioner”) filed a petition for vaccine injury compensation alleging that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as result of a DTaP vaccine administered on April 2, 2016.1 On April 1, 2019, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. On April 5, 2019, the Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to compensation.2 The case is now in damages. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $100,138.16, consisting of pain and suffering ($100,000.00) and past unreimbursed expenses ($138.16), which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 1 On March 23, 2018, the Chief Special Master issued an order changing the case caption to correct the spelling of petitioner’s first name. See Docket Entry (“D.E.”) 8. 2 On May 6, 2019, the Chief Special Master issued an order changing the case caption to change petitioner’s last name following her dissolution of marriage. See D.E. 34. 1 Case 1:18-vv-00377-UNJ Document 47 Filed 08/14/19 Page 4 of 4 II. Form of the Award Respondent recommends that the compensation provided to petitioner be made through a lump sum payment of $100,138.16 in the form of a check payable to petitioner.3 Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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/ Colleen C. Hartley COLLEEN C. HARTLEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-3644 Fax: (202) 353-2988 DATED: May 22, 2019 3 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages. 2