VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00439 Package ID: USCOURTS-cofc-1_18-vv-00439 Petitioner: Gail Linville Filed: 2018-03-23 Decided: 2022-08-23 Vaccine: Tdap Vaccination date: Condition: shoulder pain Outcome: compensated Award amount USD: 56250 AI-assisted case summary: Gail Linville filed a petition on March 23, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered shoulder pain caused by her Tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine. Ms. Linville further stated that she experienced residual effects from the condition for more than six months, that no prior award or settlement had been made for her condition, and that her vaccine was administered in the United States. The Secretary of Health and Human Services, the respondent, denied that the Tdap vaccine caused Ms. Linville's alleged shoulder pain or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial of causation, the parties filed a joint stipulation for damages on August 23, 2022. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms. Linville was awarded a lump sum of $56,250.00, payable to her, as compensation for all items of damages. This award represents a settlement of the claim. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Mitchell Jones of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert testimony. Theory of causation field: Petitioner Gail Linville alleged that her Tdap vaccine caused shoulder pain. The respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Special Master Daniel T. Horner on August 23, 2022. The award was $56,250.00. The theory of causation is identified as "Off-Table" in the provided data. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence supporting the claim. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00439-0 Date issued/filed: 2022-10-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/23/2022) regarding 70 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (mly). Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00439-UNJ Document 74 Filed 10/03/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-439V Filed: August 23, 2022 UNPUBLISHED GAIL LINVILLE, Petitioner, Joint Stipulation on Damages; v. Tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine; Shoulder SECRETARY OF HEALTH AND Injury HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Mitchell Jones, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On March 23, 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 shoulder pain caused-in-fact by her Tdap vaccine. Petition at 1; Stipulation, filed August 23, 2022, at ¶ 4. Petitioner further alleges that she has experienced the residual effects of her condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of her condition, and that her vaccine was administered in the United States. Petition at 4; Stipulation at ¶¶ 3-5. “Respondent denies that the Tdap vaccine caused petitioner’s alleged shoulder pain, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on August 23, 2022, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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 the special master, upon review, agrees that the identified material fits within this definition, it will be redacted 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-00439-UNJ Document 74 Filed 10/03/22 Page 2 of 7 reasonable and adopt 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, I award the following compensation: A lump sum of $56,250.00 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. 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/Daniel T. Horner Daniel T. Horner 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-00439-UNJ Document 74 Filed 10/03/22 Page 3 of 7 Case 1:18-vv-00439-UNJ Document 74 Filed 10/03/22 Page 4 of 7 Case 1:18-vv-00439-UNJ Document 74 Filed 10/03/22 Page 5 of 7 Case 1:18-vv-00439-UNJ Document 74 Filed 10/03/22 Page 6 of 7 Case 1:18-vv-00439-UNJ Document 74 Filed 10/03/22 Page 7 of 7