VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01582 Package ID: USCOURTS-cofc-1_19-vv-01582 Petitioner: Pamela Brackley Filed: 2021-05-27 Decided: 2021-06-28 Vaccine: Tdap Vaccination date: 2018-11-22 Condition: shoulder injury related to vaccine administration (SIRVA), including impingement and adhesive capsulitis Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Pamela Brackley filed a petition for compensation under the National Vaccine Injury Compensation Program on May 27, 2021. She alleged that a Tetanus-diphtheria-acellular-pertussis (Tdap) vaccine administered on November 22, 2018, caused her to suffer a shoulder injury related to vaccine administration (SIRVA), including impingement and adhesive capsulitis. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Brackley is entitled to compensation. The respondent specifically stated that Ms. Brackley satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Ms. Brackley is entitled to compensation. The case was granted entitlement pending a damages decision. The public decision does not describe the petitioner's counsel, respondent's counsel, specific medical symptoms, diagnostic tests, treatments, or expert witnesses. The decision was issued on June 28, 2021. Theory of causation field: Petitioner Pamela Brackley alleged that a Tdap vaccine administered on November 22, 2018, caused a shoulder injury related to vaccine administration (SIRVA), including impingement and adhesive capsulitis. The respondent conceded entitlement, stating that the petitioner satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 28, 2021, finding entitlement based on the respondent's concession. The public text does not specify the mechanism of injury, expert testimony, or the breakdown of the award, as entitlement was granted pending damages. Petitioner was represented by Nancy Routh Meyers, and Respondent was represented by Ronalda Elnetta Kosh. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01582-0 Date issued/filed: 2021-06-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/27/2021) regarding 36 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01582-UNJ Document 38 Filed 06/28/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1582V UNPUBLISHED PAMELA BRACKLEY, Chief Special Master Corcoran Petitioner, Filed: May 27, 2021 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) Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 10, 2019, Pamela Brackley 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”), including impingement and adhesive capsulitis, as a result of a Tetanus-diphtheria-acellular-pertussis (“Tdap”) vaccine administered to her on November 22, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 26, 2021, 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. 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-01582-UNJ Document 38 Filed 06/28/21 Page 2 of 2 Specifically, Respondent states that “[P]etitioner has satisfied the criteria for SIRVA set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation.” 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