VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00723
Package ID: USCOURTS-cofc-1_18-vv-00723
Petitioner: Bethanne Hull
Filed: 2018-05-22
Decided: 2019-08-07
Vaccine: Tdap
Vaccination date: 2016-05-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Bethanne Hull filed a petition for compensation under the National Vaccine Injury Compensation Program on May 22, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus diphtheria acellular pertussis (Tdap) vaccine on May 22, 2016. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 1, 2019, conceding that Ms. Hull is entitled to compensation and finding her claim consistent with a SIRVA as defined by the Vaccine Injury Table. The respondent also agreed that Ms. Hull had satisfied all legal prerequisites for compensation under the Vaccine Act. On April 3, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Hull entitled to compensation. Subsequently, on April 17, 2019, the respondent filed a proffer on the award of compensation, recommending an award of $70,000.00, which Ms. Hull agreed to. The public decision, issued by Chief Special Master Nora Beth Dorsey on August 7, 2019, awarded Ms. Hull a lump sum payment of $70,000.00, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Justine Elizabeth Walters and later Mallori Browne Openchowski of the U.S. Department of Justice. The decision was made based on a stipulation and proffer, and the public text does not describe specific medical details of the injury, onset, symptoms, diagnostic tests, or treatments.

Theory of causation field:
Petitioner Bethanne Hull received a Tdap vaccine on May 22, 2016, and alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the claim was consistent with a SIRVA as defined by the Vaccine Injury Table. The theory of causation is based on the Vaccine Injury Table. No specific medical experts or detailed causation mechanisms beyond the Table definition were described in the public text. The case resulted in a compensated outcome. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on April 3, 2019, finding petitioner entitled to compensation. On April 17, 2019, respondent filed a proffer on award of compensation, recommending $70,000.00, which petitioner accepted. A decision awarding damages was issued on August 7, 2019, granting a lump sum payment of $70,000.00. Petitioner was represented by Amy A. Senerth (Muller Brazil, LLP), and respondent was represented by Justine Elizabeth Walters and Mallori Browne Openchowski (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00723-0
Date issued/filed: 2019-06-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/03/2019) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00723-UNJ Document 30 Filed 06/05/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-723V
Filed: April 3, 2019
UNPUBLISHED
BETHANNE HULL,
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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 22, 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 receiving a Tetanus diphtheria acellular pertussis
(“Tdap”) vaccine on May 22, 2016. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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-00723-UNJ Document 30 Filed 06/05/19 Page 2 of 2
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.
Specifically, respondent concluded that petitioner’s claim is consistent with a SIRVA as
defined by the Vaccine Injury Table. Id. at 3. Respondent further agrees that petitioner
has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 4.
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

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00723-1
Date issued/filed: 2019-08-07
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/18/2019) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00723-UNJ Document 31 Filed 08/07/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-723V
Filed: April 18, 2019
UNPUBLISHED
BETHANNE HULL,
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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 22, 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 receiving a Tetanus diphtheria acellular pertussis
(“Tdap”) vaccine on May 22, 2016. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 3, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a SIRVA. On April 17, 2019, respondent filed a proffer on award of
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-00723-UNJ Document 31 Filed 08/07/19 Page 2 of 4
compensation (“Proffer”) indicating petitioner should be awarded $70,000.00. 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 $70,000.00 in the form of a check payable to
petitioner, Bethanne Hull. 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-00723-UNJ Document 31 Filed 08/07/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BETHANNE HULL,
Petitioner, No. 18-723V
Chief Special Master Dorsey
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On April 1, 2019, respondent concededed that entitlement to compensation was
appropriate under the terms of the Vaccine Act. Thereafter, on April 3, 2019, Chief Special
Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to vaccine
compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based on
the evidence of record, respondent proffers that petitioner should be awarded $70,000.00. This
amount represents all elements of compensation to which petitioner would be entitled under 42
U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $70,000.00, in the form of a check payable to petitioner. Petitioner
agrees.
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.

Case 1:18-vv-00723-UNJ Document 31 Filed 08/07/19 Page 4 of 4
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
DATED: April 17, 2019