VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00355
Package ID: USCOURTS-cofc-1_19-vv-00355
Petitioner: Kurt T. Westerlund
Filed: 2019-03-08
Decided: 2021-04-07
Vaccine: Tdap
Vaccination date: 2017-03-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47500

AI-assisted case summary:
Kurt T. Westerlund filed a petition for compensation under the National Vaccine Injury Compensation Program on March 8, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccine he received on March 20, 2017. He further alleged that he suffered from the residual effects of this injury for more than six months. Respondent denied that Mr. Westerlund sustained a SIRVA Table injury and denied that the Tdap immunization caused his alleged shoulder injury or any other condition. Despite the denial, the parties filed a joint stipulation on March 4, 2021, agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, Mr. Westerlund was awarded a lump sum of $47,500.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was entered on April 7, 2021.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-00355-0
Date issued/filed: 2021-04-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/05/2021) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00355-UNJ Document 40 Filed 04/07/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-355V
UNPUBLISHED
KURT T. WESTERLUND, Chief Special Master Corcoran
Petitioner, Filed: March 5, 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)
Jeffrey A. Golvash, Golvash & Epstein, LLC, for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 8, 2019, Kurt T. Westerlund 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of a Tdap vaccine he received on March 20, 2017.
Petition at 1; Stipulation, filed at March 4, 2021, ¶¶ 2, 4. Petitioner further alleges that he
suffered from the residual effects of this alleged vaccine-related injury for more than six
months. Petition at 8; Stipulation at ¶¶ 2, 4. “Respondent denies that petitioner sustained
a SIRVA Table injury and denies that the Tdap immunization is the cause of petitioner’s
alleged shoulder injury, or any other injury or condition.” Stipulation at ¶ 6.
Nevertheless, on March 4, 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.
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-00355-UNJ Document 40 Filed 04/07/21 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $47,500.00, 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-00355-UNJ Document 40 Filed 04/07/21 Page 3 of 7

Case 1:19-vv-00355-UNJ Document 40 Filed 04/07/21 Page 4 of 7

Case 1:19-vv-00355-UNJ Document 40 Filed 04/07/21 Page 5 of 7

Case 1:19-vv-00355-UNJ Document 40 Filed 04/07/21 Page 6 of 7

Case 1:19-vv-00355-UNJ Document 40 Filed 04/07/21 Page 7 of 7