VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01627 Package ID: USCOURTS-cofc-1_19-vv-01627 Petitioner: Armando Castaneda Filed: 2019-10-18 Decided: 2021-07-19 Vaccine: Tdap Vaccination date: 2018-07-18 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Armando Castaneda filed a petition for compensation on October 18, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine on July 18, 2018. The case was assigned to the Special Processing Unit. On April 5, 2021, the Respondent filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for SIRVA, including timely filing, vaccination in the United States, and suffering residual effects for more than six months after vaccination. Based on this concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 6, 2021, finding Petitioner entitled to compensation. Subsequently, on June 16, 2021, Respondent filed a proffer recommending an award of $60,000.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran issued a decision awarding damages on July 19, 2021, granting Petitioner a lump sum payment of $60,000.00, payable to Petitioner, for pain and suffering, representing all damages available under § 15(a). Petitioner was represented by Jerome A. Konkel of Samster, Konkel & Safran, S.C., and Respondent was represented by Tyler King of the U.S. Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Armando Castaneda alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on July 18, 2018. The Respondent conceded that the claim met the Table criteria for SIRVA, including timely filing, vaccination in the United States, and residual effects lasting more than six months. The case was decided based on this concession. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 6, 2021, and a decision awarding damages on July 19, 2021. Petitioner was awarded a lump sum of $60,000.00 for pain and suffering. Petitioner was represented by Jerome A. Konkel, and Respondent was represented by Tyler King. The specific mechanism of injury, medical evidence, or expert testimony were not detailed in the provided public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01627-0 Date issued/filed: 2021-05-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/06/2021) regarding 36 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01627-UNJ Document 38 Filed 05/06/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1627V UNPUBLISHED ARMANDO CASTANEDA, Chief Special Master Corcoran Petitioner, Filed: April 6, 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) Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 18, 2019, Armando Castaneda 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 that he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of a Tetanus Diphtheria acellular Pertussis (“Tdap”) vaccine that was administered on July 18, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 5, 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. Specifically, Respondent has “concluded that [P]etitioner’s claim meets the Table criteria 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-01627-UNJ Document 38 Filed 05/06/21 Page 2 of 2 for SIRVA”. Id. at 5. Respondent further agrees that “the case was timely filed, that the vaccine was received in the United States, and that [P]etitioner satisfies the statutory severity requirement by suffering the residual effects or complications of his injury for more than six months after vaccine administration”. Id. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-01627-1 Date issued/filed: 2021-07-19 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 06/17/2021) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01627-UNJ Document 45 Filed 07/19/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1627V UNPUBLISHED ARMANDO CASTANEDA, Chief Special Master Corcoran Petitioner, Filed: June 17, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Respondent. Injury Related to Vaccine Administration (SIRVA) Jerome A. Konkel, Samster Konkel & Safran, S.C., Wauwatosa, WI, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 18, 2019, Armando Castaneda 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”) as a result of a Tetanus Diphtheria acellular Pertussis (“Tdap”) vaccine that was administered to him on July 18, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 6, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On June 16, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $60,000.00 for pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with 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-01627-UNJ Document 45 Filed 07/19/21 Page 2 of 4 the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $60,000 (for pain and suffering) in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under § 15(a). 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-01627-UNJ Document 45 Filed 07/19/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ARMANDO CASTANEDA, Petitioner, v. No. 19-1627V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Procedural History On April 5, 2021, respondent filed a Vaccine Rule 4(c) report concluding that petitioner sustained the onset of a left shoulder injury related to vaccine administration (“SIRVA”) within the Table time period following a Tdap vaccine, and therefore sustained an injury that is compensable under the terms of the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. ECF No. 28. Accordingly, on April 6, 2021, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for SIRVA following the Tdap vaccine he received on July 18, 2018. ECF No. 36. II. Items of Compensation Respondent proffers that petitioner should be awarded $60,000.00 for pain and suffering. This represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:19-vv-01627-UNJ Document 45 Filed 07/19/21 Page 4 of 4 III. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $60,000.00, in the form of a check payable to petitioner. IV. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Armando Castaneda: $60,000.00 Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division TRACI R. PATTON Assistant Director Torts Branch, Civil Division s/ Tyler C. King TYLER C. KING Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-0730 Tyler.King@usdoj.gov Dated: June 16, 2021 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future pain and suffering.