VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00743 Package ID: USCOURTS-cofc-1_19-vv-00743 Petitioner: Kelsey Metsker Filed: 2021-03-17 Decided: 2021-04-19 Vaccine: Tdap Vaccination date: 2017-08-14 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 65000 AI-assisted case summary: Kelsey Metsker filed a petition on March 17, 2021, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her Tdap vaccination on August 14, 2017. She claimed the vaccine was administered in the United States, that her injury had residual effects for more than six months, and that she had not received any prior award or settlement for this injury. Respondent denied that the Tdap vaccine caused her left shoulder injury or any other injury, and denied that she sustained a SIRVA Table Injury. Despite the denial, the parties filed a joint stipulation on March 16, 2021, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision. The court awarded Kelsey Metsker a lump sum of $65,000.00, 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 based on a joint stipulation. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00743-0 Date issued/filed: 2021-04-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/17/2021) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00743-UNJ Document 36 Filed 04/19/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-743V UNPUBLISHED KELSEY METSKER, Chief Special Master Corcoran Petitioner, Filed: March 17, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) William Patrick Ronan, III, The Ronan Law Firm, Overland Park, KS, for petitioner. Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On May 17, 2019, Kelsey Metsker 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 August 14, 2017 Tetanus Diphtheria acellular Pertussis (“Tdap”) vaccination. Petition at 1; Stipulation, filed at March 16, 2021, ¶¶ 1-2, 4. Petitioner further alleges the vaccine was administered within the United States, that she suffered 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 on her behalf as a result of her injury. Stipulation at ¶¶ 4-5; see Petition at ¶¶ 5, 54, 56-57. “Respondent denies that the Tdap vaccine caused petitioner to suffer a left shoulder injury, or any other injury, and denies that petitioner sustained a SIRVA Table Injury.” 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-00743-UNJ Document 36 Filed 04/19/21 Page 2 of 7 Nevertheless, on March 16, 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 $65,000.00 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. Case 1:19-vv-00743-UNJ Document 36 Filed 04/19/21 Page 3 of 7 Case 1:19-vv-00743-UNJ Document 36 Filed 04/19/21 Page 4 of 7 Case 1:19-vv-00743-UNJ Document 36 Filed 04/19/21 Page 5 of 7 Case 1:19-vv-00743-UNJ Document 36 Filed 04/19/21 Page 6 of 7 Case 1:19-vv-00743-UNJ Document 36 Filed 04/19/21 Page 7 of 7