VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00798 Package ID: USCOURTS-cofc-1_18-vv-00798 Petitioner: Lisa Taylor Filed: 2018-06-06 Decided: 2019-08-21 Vaccine: Tdap Vaccination date: 2017-06-07 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 75044 AI-assisted case summary: Lisa Taylor filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her June 7, 2017 tetanus-diphtheria-acellular pertussis (Tdap) vaccination. The respondent conceded that petitioner was entitled to compensation, finding that she met the criteria for SIRVA as defined by the Vaccine Injury Table. Specifically, she had no prior shoulder issues, the pain began within 48 hours after the vaccination, was limited to the injection site, and no other condition explained the pain. Her condition also persisted for more than six months. A ruling on entitlement was issued on May 21, 2019. Subsequently, on August 21, 2019, a decision awarding damages was issued. The respondent proffered an award of $544.86 for unreimbursable medical expenses and $74,500.00 for pain and suffering, totaling $75,044.86, which petitioner accepted. The court awarded Lisa Taylor the total sum of $75,044.86. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00798-0 Date issued/filed: 2019-08-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/21/2019) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00798-UNJ Document 39 Filed 08/14/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-798V Filed: May 21, 2019 UNPUBLISHED LISA TAYLOR, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Tetanus Diphtheria SECRETARY OF HEALTH AND acellular Pertussis (Tdap) Vaccine; HUMAN SERVICES, Shoulder Injury Related to Vaccine Administration (SIRVA) Respondent. Bobbie L. Flynt, CPW Law, LLC, Chagrin Falls, OH, for petitioner. Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On June 6, 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 her June 7, 2017 tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination. 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. Case 1:18-vv-00798-UNJ Document 39 Filed 08/14/19 Page 2 of 2 On May 17, 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 and Proffer on Award of Compensation at 1. Specifically, respondent indicates that [m]edical personnel at DICP have reviewed the Petition and medical records filed in this case. Based on that review, DICP has concluded that petitioner suffered SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no recent history of pain, inflammation, or dysfunction of her left shoulder; the onset of pain occurred within 48 hours after receipt of an intramuscular vaccination; the pain was limited to the shoulder where the vaccine was administered; and, no other condition or abnormality has been identified to explain petitioner’s left shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10). In addition, petitioner suffered the residual effects of her condition for more than six months. 42 U.S.C. § 300aa- 11(c)(1)(D)(i). Therefore, based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act. 42 U.S.C. § 300aa-13. Id. at 2-3. 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-00798-1 Date issued/filed: 2019-08-21 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/22/2019) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00798-UNJ Document 40 Filed 08/21/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-798V Filed: May 22, 2019 UNPUBLISHED LISA TAYLOR, 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. Bobbie L. Flynt, CPW Law, LLC, Chagrin Falls, OH, for petitioner. Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On June 6, 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 her June 7, 2017 tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 21, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On May 17, 2019, respondent filed a proffer on award of compensation indicating petitioner should be awarded $544.86 in compensation for 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-00798-UNJ Document 40 Filed 08/21/19 Page 2 of 2 unreimbursable medical expenses, and $74,500.00 in compensation for petitioner’s actual and projected pain and suffering, for a total award of $75,044.86. Respondent’s Rule 4(c) Report and Proffer on Award of Compensation (“Proffer”) at 3-4. 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 Proffer, the undersigned awards petitioner a lump sum payment of $75,044.86 (representing $544.86 in compensation for unreimbursable medical expenses, and $74,500.00 in compensation for petitioner’s actual and projected pain and suffering) in the form of a check payable to petitioner, Lisa Taylor. 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