VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00120 Package ID: USCOURTS-cofc-1_19-vv-00120 Petitioner: Zahra Aden Filed: 2020-10-08 Decided: 2020-11-10 Vaccine: Tdap Vaccination date: 2017-05-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Zahra Aden filed a petition for compensation on October 8, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccination on May 19, 2017. Ms. Aden stated the vaccine was administered in the United States, she suffered residual effects for more than six months, and had no prior award or settlement for her condition. The respondent denied that Ms. Aden sustained a SIRVA Table injury or that her injury was caused by the Tdap vaccine. Nevertheless, on October 7, 2020, the parties filed a joint stipulation for an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable. He awarded Ms. Aden $60,000.00 as compensation for all items of damages, to be paid as a lump sum via check. The decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice. Theory of causation field: Petitioner Zahra Aden alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on May 19, 2017. Respondent denied a SIRVA Table injury or causation by the vaccine. The parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $60,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of damages beyond the total award. The case was settled via stipulation, indicating an agreement to compensate without a full adjudication of the Table or non-Table claim. Petitioner's counsel was John Robert Howie, and respondent's counsel was Althea Walker Davis. The decision date was November 10, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00120-0 Date issued/filed: 2020-11-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/08/2020) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00120-UNJ Document 35 Filed 11/10/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-120V UNPUBLISHED ZAHRA ADEN, Chief Special Master Corcoran Petitioner, Filed: October 8, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On January 23, 2019, Zahra Aden 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) after receiving a Tdap vaccination on May 19, 2017. Petition at 1; Stipulation, filed at October 7, 2020, ¶ 1. Petitioner further alleges that the vaccine was administered in the United States, she suffered the residual effects of this alleged injury for more than six months, and there has been no prior award or settlement of civil action for damages on her behalf as a result of her condition. Petition at 1, 8; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury, and further denies that [P]etitioenr’s alleged shoulder injury or any other injury or condition, was caused by her receipt of the Tdap vaccine.” 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-00120-UNJ Document 35 Filed 11/10/20 Page 2 of 7 Nevertheless, on October 7, 2020, 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 $60,000.00 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-00120-UNJ Document 35 Filed 11/10/20 Page 3 of 7 Case 1:19-vv-00120-UNJ Document 35 Filed 11/10/20 Page 4 of 7 Case 1:19-vv-00120-UNJ Document 35 Filed 11/10/20 Page 5 of 7 Case 1:19-vv-00120-UNJ Document 35 Filed 11/10/20 Page 6 of 7 Case 1:19-vv-00120-UNJ Document 35 Filed 11/10/20 Page 7 of 7