VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00917 Package ID: USCOURTS-cofc-1_19-vv-00917 Petitioner: Rosa Ortiz Filed: 2021-04-22 Decided: 2021-05-24 Vaccine: Tdap Vaccination date: 2017-10-02 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 81200 AI-assisted case summary: Rosa Ortiz filed a petition for compensation under the National Vaccine Injury Compensation Program on April 22, 2021, alleging a left shoulder injury related to vaccine administration (SIRVA) from a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine received on October 2, 2017. The petition stated that the vaccine was administered in the United States, that she experienced residual effects of her injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused petitioner's alleged shoulder injury or any other condition, but conceded that petitioner sustained a SIRVA Table injury. On April 21, 2021, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Chief Special Master Corcoran awarded Rosa Ortiz a lump sum of $81,200.00, payable by check to the petitioner, to cover pain and suffering and past unreimbursable medical expenses. This amount represented compensation for all items of damages available under Section 15(a) of the program. The decision was issued on May 24, 2021. Petitioner was represented by Edward M. Kraus of the Law Offices of Chicago Kent, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice. Theory of causation field: Petitioner Rosa Ortiz alleged a left shoulder injury related to vaccine administration (SIRVA) resulting from a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine administered on October 2, 2017. The respondent conceded that the injury was a SIRVA Table injury but denied that the Tdap vaccine caused the injury or any other condition. The parties filed a joint stipulation on April 21, 2021, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation on May 24, 2021, awarding $81,200.00 for pain and suffering and past unreimbursable medical expenses. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the concession of a SIRVA Table injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00917-0 Date issued/filed: 2021-05-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/22/2021) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00917-UNJ Document 30 Filed 05/24/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0917V UNPUBLISHED ROSA ORTIZ, Chief Special Master Corcoran Petitioner, Filed: April 22, 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) Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On June 24, 2019, Rosa Ortiz filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 ( ). Petitioner alleges that she suffered a left shoulder injury related to vaccine administration ( SIRVA ) as a result of a Tetanus Diphtheria acellular Pertussis ( Tdap ) vaccine received on October 2, 2017. Petition at 1; Stipulation, filed April 21, 2021, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1, 5; Stipulation at ¶¶ 3-5. 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. 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. 2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease graph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-00917-UNJ Document 30 Filed 05/24/21 Page 2 of 7 Nevertheless, on April 21, 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 $81,200.00 (for pain and suffering and past unreimbursable medical expenses) 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 P 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 g of notice renouncing the right to seek review. 2 Case 1:19-vv-00917-UNJ Document 30 Filed 05/24/21 Page 3 of 7 Case 1:19-vv-00917-UNJ Document 30 Filed 05/24/21 Page 4 of 7 Case 1:19-vv-00917-UNJ Document 30 Filed 05/24/21 Page 5 of 7 Case 1:19-vv-00917-UNJ Document 30 Filed 05/24/21 Page 6 of 7 Case 1:19-vv-00917-UNJ Document 30 Filed 05/24/21 Page 7 of 7