VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01096 Package ID: USCOURTS-cofc-1_19-vv-01096 Petitioner: Nancy Blandford Filed: 2021-04-21 Decided: 2021-05-24 Vaccine: Tdap Vaccination date: 2017-09-06 Condition: right shoulder injury related to vaccine administration (SIRVA) and “onset of adhesive capsulitis syndrome of her right shoulder ‘caused-in-fact’ by the injection” Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Nancy Blandford filed a petition for compensation under the National Vaccine Injury Compensation Program on April 21, 2021, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) and adhesive capsulitis syndrome of her right shoulder, which she claimed was caused by the Tdap vaccine she received on September 6, 2017. Ms. Blandford further alleged that she experienced residual effects from this condition for more than six months. The respondent denied that the Tdap immunization caused her injury or that she sustained a SIRVA as defined in the Vaccine Injury Table. The parties subsequently filed a joint stipulation on April 21, 2021, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Ms. Blandford was awarded a lump sum of $30,000.00, payable to her, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Stephen I. Leshner of Stephen I. Leshner, P.C., and respondent was represented by Traci R. Patton of the U.S. Department of Justice. Theory of causation field: Petitioner Nancy Blandford alleged that the Tdap vaccine administered on September 6, 2017, caused a right shoulder injury related to vaccine administration (SIRVA) and adhesive capsulitis syndrome, with residual effects lasting more than six months. Respondent denied causation and that a SIRVA occurred as defined by the Table. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted as his decision. The stipulation was for an off-Table injury. Ms. Blandford was awarded $30,000.00 as a lump sum. The public decision does not detail the specific medical mechanism, expert testimony, or evidence considered beyond the stipulation. Petitioner's counsel was Stephen I. Leshner, and respondent's counsel was Traci R. Patton. The decision date was May 24, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01096-0 Date issued/filed: 2021-05-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/21/2021) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01096-UNJ Document 31 Filed 05/24/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1096V UNPUBLISHED NANCY BLANDFORD, Chief Special Master Corcoran Petitioner, Filed: April 21, 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) Stephen I. Leshner, Stephen I. Leshner, P.C., Phoenix, AZ, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On July 30, 2019, Nancy Blandford 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 right shoulder injury related to vaccine administration (SIRVA) and “onset of adhesive capsulitis syndrome of her right shoulder ‘caused-in-fact’ by the injection” of the Tdap vaccine received on September 6, 2017. Petition at 1, 3; Stipulation, filed at April 21, 2021, ¶¶ 1-2, 4. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. Petition at 3; Stipulation at ¶ 4. “Respondent denies that the Tdap immunization caused petitioner to suffer adhesive capsulitis or any other injury or condition. Respondent further denies that petitioner sustained a [SIRVA] as defined in the Table.” 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-01096-UNJ Document 31 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 $30,000.00 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. 2 Case 1:19-vv-01096-UNJ Document 31 Filed 05/24/21 Page 3 of 7 Case 1:19-vv-01096-UNJ Document 31 Filed 05/24/21 Page 4 of 7 Case 1:19-vv-01096-UNJ Document 31 Filed 05/24/21 Page 5 of 7 Case 1:19-vv-01096-UNJ Document 31 Filed 05/24/21 Page 6 of 7 Case 1:19-vv-01096-UNJ Document 31 Filed 05/24/21 Page 7 of 7