VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01311 Package ID: USCOURTS-cofc-1_19-vv-01311 Petitioner: Mary Goble Thomas Filed: 2019-08-29 Decided: 2022-08-23 Vaccine: Tdap Vaccination date: 2017-11-08 Condition: right shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 32500 AI-assisted case summary: Mary Goble Thomas filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered right shoulder injuries related to vaccine administration (SIRVA) resulting from tetanus diphtheria acellular pertussis (Tdap) and influenza (flu) vaccines she received on November 8, 2017. She stated that the vaccines were administered in the United States, her symptoms lasted for more than six months, and no other legal action had been filed. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on July 21, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Mary Goble Thomas was awarded a lump sum of $32,500.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01311-0 Date issued/filed: 2022-08-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/21/2022) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01311-UNJ Document 32 Filed 08/23/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1311V UNPUBLISHED MARY GOBLE THOMAS, Chief Special Master Corcoran Petitioner, Filed: July 21, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap) and Influenza (Flu) Vaccines; Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 29, 2019, Mary Goble Thomas 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 right shoulder injuries related to vaccine administration (SIRVA), resulting from the tetanus diphtheria acellular pertussis (Tdap) vaccine and/or influenza (flu) vaccines she received on November 8, 2017. Petition at 1; Stipulation, filed at July 21, 2022, ¶¶ 1-2. Petitioner further alleges that the vaccines were administered within the United States, her symptoms lasted for more than six months, and neither Petitioner, nor any other party, has filed any action for Petitioner’s vaccine-related injury. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequelae of a vaccine-related 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01311-UNJ Document 32 Filed 08/23/22 Page 2 of 7 Nevertheless, on July 21, 2022, 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 $32,500.00 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 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-01311-UNJ Document 32 Filed 08/23/22 Page 3 of 7 Case 1:19-vv-01311-UNJ Document 32 Filed 08/23/22 Page 4 of 7 Case 1:19-vv-01311-UNJ Document 32 Filed 08/23/22 Page 5 of 7 Case 1:19-vv-01311-UNJ Document 32 Filed 08/23/22 Page 6 of 7 Case 1:19-vv-01311-UNJ Document 32 Filed 08/23/22 Page 7 of 7