VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00536 Package ID: USCOURTS-cofc-1_20-vv-00536 Petitioner: Edward Diaz Filed: 2020-04-30 Decided: 2022-07-08 Vaccine: Tdap Vaccination date: 2019-01-11 Condition: right shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Edward Diaz filed a petition for compensation under the National Vaccine Injury Compensation Program on April 30, 2020, alleging he suffered right shoulder injuries related to vaccine administration (SIRVA) from a Tetanus, Diphtheria, and acellular Pertussis (Tdap) vaccination he received on January 11, 2019. Mr. Diaz stated the vaccination occurred in the United States, his symptoms lasted over six months, and he had not received prior compensation for this injury. The respondent, the Secretary of Health and Human Services, denied that Mr. Diaz sustained a SIRVA Table Injury, denied that the vaccine caused his alleged shoulder injuries or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on July 8, 2022, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Mr. Diaz was awarded $25,000.00 as a lump sum, payable by check, representing compensation for all items of damages. This decision represents the final award for his SIRVA claim. The public decision does not describe the specific onset of symptoms, the clinical course, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Maximillian J. Muller of Muller Brazil, LLP. Respondent counsel was Debra A. Filteau Begley of the U.S. Department of Justice. Theory of causation field: Petitioner Edward Diaz alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tetanus, Diphtheria, acellular Pertussis (Tdap) vaccination on January 11, 2019. Respondent denied a SIRVA Table Injury and causation. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran found reasonable and adopted. The stipulation resulted in an award of $25,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. The theory of causation is based on the "Table" provision of the Vaccine Act, indicating a presumed condition listed in the Vaccine Injury Table. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00536-0 Date issued/filed: 2022-08-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/08/2022) regarding 29 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00536-UNJ Document 33 Filed 08/08/22 Page 1 of 7 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-536V UNPUBLISHED EDWARD DIAZ, Chief Special Master Corcoran Petitioner, Filed: July 8, 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) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 30, 2020, Edward Diaz 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 right shoulder injuries related to vaccine administration (SIRVA), resulting from the tetanus, diphtheria, and acellular pertussis (Tdap) vaccination he received on January 11, 2019. Petition at 1; Stipulation, filed at July 8, 2022, ¶¶ 1-2. Petitioner further alleges that the vaccination was administered within the United States, his symptoms lasted for more than six months, and neither he, nor any other party, has ever filed any action or received any compensation in the form of award or settlement for his vaccine-related injuries. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table Injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injuries, or any other injury; and denies that his 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 1:20-vv-00536-UNJ Document 33 Filed 08/08/22 Page 2 of 7 Nevertheless, on July 8, 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 $25,000.00 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-00536-UNJ Document 33 Filed 08/08/22 Page 3 of 7 Case 1:20-vv-00536-UNJ Document 33 Filed 08/08/22 Page 4 of 7 Case 1:20-vv-00536-UNJ Document 33 Filed 08/08/22 Page 5 of 7 Case 1:20-vv-00536-UNJ Document 33 Filed 08/08/22 Page 6 of 7 Case 1:20-vv-00536-UNJ Document 33 Filed 08/08/22 Page 7 of 7