VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01901 Package ID: USCOURTS-cofc-1_18-vv-01901 Petitioner: Vickie Oates Filed: 2018-12-11 Decided: 2022-03-30 Vaccine: Tdap Vaccination date: 2018-02-12 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 111550 AI-assisted case summary: Vickie Oates filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2018, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from a Tdap vaccination on February 12, 2018. She stated the vaccine was administered in the United States, she experienced residual effects for more than six months, and had no prior award or settlement for her condition. Respondent denied that Ms. Oates sustained a SIRVA Table injury or that her condition was caused by the Tdap vaccine. Despite the denial, the parties filed a joint stipulation on February 22, 2022, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Oates was awarded a lump sum of $111,550.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, and the award was made via joint stipulation. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01901-0 Date issued/filed: 2022-03-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/22/2022) regarding 47 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01901-UNJ Document 52 Filed 03/30/22 Page 1 of 7 (cid:36)(cid:48)(cid:51)(cid:51)(cid:38)(cid:36)(cid:53)(cid:38)(cid:37) In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1901V UNPUBLISHED VICKIE OATES, Chief Special Master Corcoran Petitioner, Filed: February 22, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for Petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 11, 2018, Vickie Oates 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) resulting from a Tdap vaccination administered on February 12, 2018. Petition at 1; Stipulation, filed at February 22, 2022, ¶¶ 1-2. Petitioner further alleges that the vaccine was administered within the United States, she experienced the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of her condition. Petition at 1, 6-7; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury, and denies that [P]etitioner’s alleged shoulder injury and its residual effects were caused by her Tdap vaccine. Respondent further denies that the Tdap vaccine caused [P]etitioner any other injury or her current condition.” Stipulation at ¶ 6. 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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). 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, I agree that the identified material fits within this definition, I will redact such material from public access. 2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all sectionreferences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:18-vv-01901-UNJ Document 52 Filed 03/30/22 Page 2 of 7 Nevertheless, on February 22, 2022, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision 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 $111,550.00 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 Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran 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-01901-UNJ Document 52 Filed 03/30/22 Page 3 of 7 Case 1:18-vv-01901-UNJ Document 52 Filed 03/30/22 Page 4 of 7 Case 1:18-vv-01901-UNJ Document 52 Filed 03/30/22 Page 5 of 7 Case 1:18-vv-01901-UNJ Document 52 Filed 03/30/22 Page 6 of 7 Case 1:18-vv-01901-UNJ Document 52 Filed 03/30/22 Page 7 of 7