VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00858 Package ID: USCOURTS-cofc-1_19-vv-00858 Petitioner: Michaelene Widson Filed: 2019-06-11 Decided: 2021-02-10 Vaccine: Tdap Vaccination date: 2017-05-15 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Michaelene Widson filed a petition for compensation under the National Vaccine Injury Compensation Program on June 11, 2019, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine administered on May 15, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 26, 2020, conceding that the petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 28, 2020, finding the petitioner entitled to compensation. Subsequently, on December 18, 2020, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $75,000.00, which the petitioner agreed to. In a decision dated December 21, 2020, Chief Special Master Corcoran awarded Michaelene Widson a lump sum payment of $75,000.00, payable by check to the petitioner. This amount was stated to represent compensation for all damages available under the Vaccine Act, specifically citing sections 15(a)(1), 15(a)(3)(A), and 15(a)(4). The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice. Theory of causation field: Petitioner Michaelene Widson alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine administered on May 15, 2017. The respondent conceded that the claim met the Table criteria for SIRVA. The case resulted in a Ruling on Entitlement on October 28, 2020, by Chief Special Master Brian H. Corcoran, finding petitioner entitled to compensation. A subsequent Decision Awarding Damages on December 21, 2020, based on a proffer filed by respondent on December 18, 2020, awarded petitioner a lump sum of $75,000.00. This award represents compensation for all damages under 42 U.S.C. § 300aa-15(a). The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the total lump sum. Petitioner's counsel was Amy A. Senerth, and respondent's counsel was Linda Sara Renzi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00858-0 Date issued/filed: 2020-12-02 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/28/2020) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00858-UNJ Document 34 Filed 12/02/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0858V UNPUBLISHED MICHAELENE WIDSON, Chief Special Master Corcoran Petitioner, Filed: October 28, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On June 11, 2019, Michaelene Widson 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 a Tetanus-Diphtheria-acellular Pertussis (“Tdap”) vaccine administered on May 15, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 26, 2020, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1 Because this unpublished ruling 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 ruling 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-00858-UNJ Document 34 Filed 12/02/20 Page 2 of 2 1. Specifically, Respondent “has reviewed the facts of this case and concluded that [P]etitioner’s claim meets the Table criteria for SIRVA.” Id. at 5. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-00858-1 Date issued/filed: 2021-02-10 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 12/21/2020) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00858-UNJ Document 42 Filed 02/10/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0858V UNPUBLISHED MICHAELENE WIDSON, Chief Special Master Corcoran Petitioner, Filed: December 21, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Respondent. Injury Related to Vaccine Administration (SIRVA) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 11, 2019, Michaelene Widson 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 a Tetanus-Diphtheria-acellular Pertussis (“Tdap”) vaccine administered on May 15, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 28, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On December 18, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $75,000.00. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered 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-00858-UNJ Document 42 Filed 02/10/21 Page 2 of 4 award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $75,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under § 15(a). 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-00858-UNJ Document 42 Filed 02/10/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) MICHAELENE WIDSON, ) ) Petitioner, ) ) No. 19-858V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On October 26, 2020, respondent filed a Rule 4 (c) Report conceding entitlement in this case. On October 28, 2020, the Court issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Respondent proffers that based on the evidence of record, petitioner should be awarded $75,000.00. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees. II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:1 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering. Case 1:19-vv-00858-UNJ Document 42 Filed 02/10/21 Page 4 of 4 A lump sum payment of $75,000.00, in the form of a check payable to petitioner, Michaelene Widson. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, JEFFERY BOSSERT CLARK Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division HEATHER L. PEARLMAN Assistant Director Torts Branch, Civil Division /s/ Linda S. Renzi LINDA S. RENZI Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 616-4133 Dated: December 18, 2020