VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00022 Package ID: USCOURTS-cofc-1_19-vv-00022 Petitioner: Rebecca Smith Filed: 2019-01-03 Decided: 2021-10-13 Vaccine: Tdap Vaccination date: 2017-08-31 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 112000 AI-assisted case summary: Rebecca Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on January 3, 2019, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on August 31, 2017. She claimed the injury occurred within the time period set forth in the Vaccine Injury Table and that she experienced residual effects for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the Tdap vaccine caused her shoulder injury or any other condition. Despite the denials, the parties filed a joint stipulation on September 7, 2021, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Rebecca Smith was awarded a lump sum of $112,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00022-0 Date issued/filed: 2021-10-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/08/2021) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00022-UNJ Document 46 Filed 10/13/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0022V UNPUBLISHED REBECCA SMITH, Chief Special Master Corcoran Petitioner, Filed: September 8, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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) Leah Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Sarah Duncan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 3, 2019, Rebecca Smith 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 right shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on August 31, 2017. Petition at 1; Stipulation, filed at September 7, 2021, ¶¶ 2, 4. Petitioner further alleges that she suffered the right SIRVA within the time period set forth in the Table and that she experienced the residual effects of her injury for more than six months. Petition at ¶¶ 1, 8; Stipulation at ¶ 4. Respondent denies that Petitioner sustained a SIRVA Table injury, denies that Petitioner’s alleged shoulder injury was caused-in-fact by the Tdap vaccine, and denies that the Tdap vaccine caused Petitioner 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. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-00022-UNJ Document 46 Filed 10/13/21 Page 2 of 7 Nevertheless, on September 7, 2021, 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 $112,000.00 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 the 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 1:19-vv-00022-UNJ Document 46 Filed 10/13/21 Page 3 of 7 Case 1:19-vv-00022-UNJ Document 46 Filed 10/13/21 Page 4 of 7 Case 1:19-vv-00022-UNJ Document 46 Filed 10/13/21 Page 5 of 7 Case 1:19-vv-00022-UNJ Document 46 Filed 10/13/21 Page 6 of 7 Case 1:19-vv-00022-UNJ Document 46 Filed 10/13/21 Page 7 of 7