VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00125
Package ID: USCOURTS-cofc-1_20-vv-00125
Petitioner: Tammie Attaway
Filed: 2020-02-04
Decided: 2022-07-22
Vaccine: Tdap
Vaccination date: 2019-01-08
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Tammie Attaway filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccine she received on January 8, 2019. She stated that the vaccine was administered in the United States, her symptoms had continued for more than six months, and she had not received any prior compensation for this injury. Respondent denied that Ms. Attaway sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury. Despite these differing positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master adopted the stipulation, awarding Ms. Attaway a lump sum of $100,000.00. This amount represents compensation for all items of damages available under the Vaccine Act. The parties also agreed to further proceedings to award reasonable attorneys' fees and costs. The stipulation was considered a full and complete negotiated settlement of liability and damages, releasing the United States and the Secretary of Health and Human Services from further claims related to this vaccine administration.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00125-0
Date issued/filed: 2022-07-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/22/2022) regarding 36 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-00125-UNJ Document 40 Filed 07/22/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0125V
UNPUBLISHED
TAMMIE ATTAWAY, Chief Special Master Corcoran
Petitioner, Filed: June 22, 2022
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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 4, 2020, Tammie Attaway 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 shesuffered left shoulder injuries related to vaccine
administration (“SIRVA”) as a result of a tetanus diphtheria acellular pertussis (“Tdap”)
vaccine received on January 8, 2019. Petition at 1; Stipulation, filed June 21, 2022, at
¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States,
her symptoms have continued for more than six months, and neither Petitioner nor any
other party has ever received compensation in the form of an award or settlement for her
vaccine-related injury. Petition at ¶¶ 10-11; Stipulation at ¶¶ 3-5; Ex. 1 at 1. “Respondent
denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused
petitioner’s alleged shoulder injury, or any other injury; and denies that her current
condition is a sequela 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.
2National 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 1:20-vv-00125-UNJ Document 40 Filed 07/22/22 Page 2 of 7
Nevertheless, on June 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 mydecision 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 $100,000.00 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 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 1:20-vv-00125-UNJ Document 40 Filed 07/22/22 Page 3 of 7
IN fflE UNITED STA TES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TAMMTE ATTAWAY, )
)
Petitioner, )
) No. 20-125V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
________________
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
l. Tammie Attaway, petitioner, f11ed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (the ''Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the Tetanus-diphtheria-acelhllar pertussis ("Tdap") vaccine, which vaccine ~ contained in the
Vaccine Injury Table (the ..T able"), 42 C.F.R. § 100.3(a).
2. Petitioner received the Tdap vaccination in her left arm on January 8, 2019.
3. The vaccine was achnirmtered within the United States.
4. Petitioner alleges that she sustained a Shoulder Injury Related to Vaccine
Administration r'SIRVA") within the tine period set forth in the Table. She further alleges that
she experienced the effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.

Case 1:20-vv-00125-UNJ Document 40 Filed 07/22/22 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition ~ a sequeJa of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation descnbed in paragraph 8 of th~ Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pmsuant to 42 U.S.C. § 300aa-2l(a)(l), the SecretaryofHeahh and Human Services will issue
the following vaccine compensation payment:
A bJmp sum of $100,000.00 in the form of a check payable to petitioner. This
amowit represents compensation for all damages that would be available tmder 42
U.S.C. §300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys• fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any ite~ or services for which the Program is not primarily liable
tmder 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made Wlder any State compensation programs, insurance policies, Federal or
State heahh benefits programs (other than Title XIX of the Social Security Act(42 U.S.C.
§ 1396 et seq.)), or by entities that provide heahh services on a pre-paid basis.
2

Case 1:20-vv-00125-UNJ Document 40 Filed 07/22/22 Page 5 of 7
I 1. Payment made pmsuant to paragraph 8 of this Stipulation, and any amounts awarded
pursuant to paragraph 9 of um Stipulation, will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory ftmds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner, as contemplated by a
strict construction of 42 U.S.C. § 300aa-lS(a) and (d), and subject to the conditions of 42 U.S.C.
§§ 300aa-15(g) and(h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individua 1 capacity and on behalf of her heirs, executors, administrators, successors or assj.gns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
an
the Secretary of Health and Human Services from any and actions, causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, llllder the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa 10 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from, the Tdap vaccine administered on or about January 8, 2019, as
alleged by petitioner in a petition for vaccine compensation filed on February 4, 2020, in the
United States Court of Federal Claims as petition No. 20-J25V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:20-vv-00125-UNJ Document 40 Filed 07/22/22 Page 6 of 7
15. If the special master fails to issue a decisic>n in complete conformity with the temlS
of this Stipulation or if the Court of Federal Claims fa& to enter judgment in confonnity with a
decision that is in complete confonnity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part oft he
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and tmderst.and that the award descri>ed in tlm
stipulation may reflect a compronme of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the natme of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Hea1th and Human Services that the Tdap vaccine caused petitioner to suffer a
shoulder injury or her current disabilities, or any other injury or condition, or that petitioner
sustained an injury contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
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Case 1:20-vv-00125-UNJ Document 40 Filed 07/22/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEYOFRECORDFOR AUfflORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
LEAH V.DURANT HEATHERL.PEARLMAN
Law Offices of Leah V. Durant, PLLC Deputy Director
1717 KStreetN.W. Torts Branch
•suite 900 Civil Division
Washington, DC 20006 U.S. Department of Justice
(202) 775-9200 P.0.Box 146
ldurantr,£ durantllc.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL111 RESPONDENT:
AND HUMAN SERVICES:
George R Oigi~lly signed by George
• R. Grimes -S14
Grimes _
514 :~~~022.05_3121:45:23
CDR GEORGE REED GRIMES, MD, .:MPH C LEM COLL
Director, D~ion of Injury Trial A orney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Admin5tration Beajamin Franklin Station
U.S. Department ofHeahh Washington, DC 20044-0146
and Human Services Tel: (202) 616-4098
5600 Fishers Lane, 08N146B E-mail: Camille.M. Collett@usdoj.gov
Rockville, MD 20857
Dated:
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