VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01006
Package ID: USCOURTS-cofc-1_19-vv-01006
Petitioner: William Gregory Schilder
Filed: 2021-01-13
Decided: 2021-02-18
Vaccine: Tdap
Vaccination date: 2018-05-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 27500

AI-assisted case summary:
William Gregory Schilder filed a petition for compensation under the National Vaccine Injury Compensation Program on January 13, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) caused by a Tdap vaccine administered on May 23, 2018. Petitioner also alleged that the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that no prior civil action for damages had been filed on his behalf. Respondent denied that the Tdap vaccine caused Petitioner's left shoulder injury, any other injury, or his current condition, and denied that Petitioner sustained a SIRVA Table injury. On January 12, 2021, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision of the court. The decision awarded Petitioner a lump sum of $27,500.00, payable to Petitioner, for all items of damages. The decision was issued on February 18, 2021. Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante, PLLC, and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice.

Theory of causation field:
Petitioner William Gregory Schilder alleged a shoulder injury related to vaccine administration (SIRVA) caused by a Tdap vaccine administered on May 23, 2018. Respondent denied causation. The parties filed a joint stipulation on January 12, 2021, agreeing to an award. The Special Master adopted the stipulation. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The award was a lump sum of $27,500.00. The decision was issued by Chief Special Master Brian H. Corcoran on February 18, 2021. Petitioner's counsel was Andrew Donald Downing, and Respondent's counsel was Kimberly Shubert Davey. The theory of causation is based on the Table of the Vaccine Injury Compensation Program.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01006-0
Date issued/filed: 2021-02-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/13/2021) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01006-UNJ Document 42 Filed 02/18/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1006V
UNPUBLISHED
WILLIAM GREGORY SCHILDER, Chief Special Master Corcoran
Petitioner, Filed: January 13, 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)
Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ , for petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On July 15, 2019, William Gregory Schilder 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”) caused by a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine administered on May 23, 2018. Petition at 1; Stipulation, filed at January 12, 2021,
¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United
States, that he suffered the residual effects of his alleged injury for more than six months,
and that there has been no prior award or settlement of a civil action for damages on his
behalf as a result of his condition. Petition at 4; Stipulation at ¶¶ 3-5. “Respondent denies
that the Tdap vaccine caused Petitioner to suffer a left shoulder injury or any other injury
or his current condition, 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-01006-UNJ Document 42 Filed 02/18/21 Page 2 of 7
Nevertheless, on January 12, 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 $27,500.00 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

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