VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00042
Package ID: USCOURTS-cofc-1_20-vv-00042
Petitioner: Terrance Finefrock
Filed: 2020-01-14
Decided: 2021-10-13
Vaccine: Tdap
Vaccination date: 2017-02-11
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 67500

AI-assisted case summary:
Terrance Finefrock filed a petition for compensation on January 14, 2020, alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on February 11, 2017, caused him to suffer brachial neuritis. He further alleged that he experienced residual effects from this injury for more than six months. The Tdap vaccine is listed on the Vaccine Injury Table, and Mr. Finefrock represented that he had not received any prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Finefrock's brachial neuritis or any other injury. Despite the denial, the parties reached a joint stipulation for compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Mr. Finefrock was awarded a lump sum payment of $67,500.00 to compensate for all damages available under the program. The case was resolved via stipulation, and judgment was entered accordingly.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-00042-0
Date issued/filed: 2021-10-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/21/2021) regarding 50 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Appendix Joint Stipulation) (jmw) Service on parties made. (Main Document 56 replaced on 10/21/2021) (tjk).
--------------------------------------------------------------------------------
Case 1:20-vv-00042-UNJ Document 56 Filed 10/13/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
TERRANCE FINEFROCK, *
* No. 20-42V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: September 21, 2021
*
SECRETARY OF HEALTH * Stipulation; Tetanus-diphtheria-
AND HUMAN SERVICES, * acellular pertussis (“Tdap”) vaccine;
* brachial neuritis; shoulder injury.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner;
Zoe Wade, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On September 21, 2021, the parties filed a joint stipulation concerning the
petition for compensation filed by Terrance Finefrock on January 14, 2020.
Petitioner alleged that the tetanus-diphtheria-acellular (“Tdap”) vaccine he
received on February 11, 2017, which is contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. §100.3(a), caused him to suffer brachial neuritis. Petitioner
further alleges that he suffered the residual effects of this injury for more than six
months. Petitioner represents that there has been no prior award or settlement of a
civil action for damages on his behalf as a result of his condition.
Respondent denies that the vaccine caused petitioner to suffer from brachial
neuritis or any other injury or his current condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:20-vv-00042-UNJ Document 56 Filed 10/13/21 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $67,500.00 in the form of a check payable to
petitioner. This amount represents compensation for all damages that
would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment according to this decision and the attached
stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:20-vv-00042-UNJ Document 56 Filed 10/13/21 Page 3 of 7

Case 1:20-vv-00042-UNJ Document 56 Filed 10/13/21 Page 4 of 7

Case 1:20-vv-00042-UNJ Document 56 Filed 10/13/21 Page 5 of 7

Case 1:20-vv-00042-UNJ Document 56 Filed 10/13/21 Page 6 of 7

Case 1:20-vv-00042-UNJ Document 56 Filed 10/13/21 Page 7 of 7