VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00718
Package ID: USCOURTS-cofc-1_18-vv-00718
Petitioner: Sheila Chille
Filed: 2018-05-21
Decided: 2019-09-11
Vaccine: Tdap
Vaccination date: 2016-08-16
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 62500

AI-assisted case summary:
Sheila Chille filed a petition for compensation under the National Vaccine Injury Compensation Program on May 21, 2018. She alleged that she suffered a left shoulder injury as a result of receiving a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccination on August 16, 2016, and that she experienced residual effects of this injury for more than six months. The respondent denied that the Tdap vaccine caused the petitioner's alleged left shoulder injury or any other injury or her current condition. However, on June 20, 2019, the parties filed a joint stipulation agreeing that compensation should be awarded. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. Ms. Chille was awarded a lump sum of $62,500.00, payable to her, as compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim for Shoulder Injury Related to Vaccine Administration (SIRVA). The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by John L. DeFazio of Viola Cummings and Lindsay, LLP, and respondent was represented by Lara Ann Englund of the U.S. Department of Justice.

Theory of causation field:
Petitioner Sheila Chille alleged a left shoulder injury following a Tdap vaccination on August 16, 2016, with residual effects lasting more than six months. The respondent denied causation. The case proceeded as a Table claim for Shoulder Injury Related to Vaccine Administration (SIRVA). The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $62,500.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered, relying instead on the joint stipulation. Petitioner's counsel was John L. DeFazio, and respondent's counsel was Lara Ann Englund. The decision date was September 11, 2019.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-00718-0
Date issued/filed: 2019-09-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/26/2019) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.) (mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00718-UNJ Document 26 Filed 09/11/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-718V
Filed: June 26, 2019
UNPUBLISHED
SHEILA CHILLE,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Tetanus
Diphtheria acellular Pertussis (Tdap)
SECRETARY OF HEALTH AND
Vaccine; Shoulder Injury Related to
HUMAN SERVICES,
Vaccine Administration (SIRVA)
Respondent.
John L. DeFazio, Viola Cummings and Lindsay, LLP, Niagara Falls, NY, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 21, 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 as a result of receiving
the tetanus-diphtheria-acellular pertussis (‘Tdap’) vaccination on August 16, 2016, and
that she experienced residual effects of this injury for more than six months. Petition at
1; Stipulation, filed June 20, 2019, at ¶¶ 2, 4. “Respondent denies that the Tdap
vaccine is the cause of petitioner's alleged left shoulder injury or any other injury or her
current condition.” Stipulation at ¶ 6.
Nevertheless, on June 20, 2019, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-00718-UNJ Document 26 Filed 09/11/19 Page 2 of 7
finds the stipulation reasonable and adopts 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, the undersigned
awards the following compensation:
A lump sum of $62,500.00 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.
The undersigned approves the requested amount for petitioner’s compensation.
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/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-00718-UNJ Document 26 Filed 09/11/19 Page 3 of 7

Case 1:18-vv-00718-UNJ Document 26 Filed 09/11/19 Page 4 of 7

Case 1:18-vv-00718-UNJ Document 26 Filed 09/11/19 Page 5 of 7

Case 1:18-vv-00718-UNJ Document 26 Filed 09/11/19 Page 6 of 7

Case 1:18-vv-00718-UNJ Document 26 Filed 09/11/19 Page 7 of 7