VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00630
Package ID: USCOURTS-cofc-1_20-vv-00630
Petitioner: Jennifer Estep
Filed: 2020-05-21
Decided: 2022-03-14
Vaccine: Tdap
Vaccination date: 2018-10-06
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 22500

AI-assisted case summary:
Jennifer Estep filed a petition on May 21, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccination received on October 6, 2018, caused a Shoulder Injury Related to Vaccine Administration (SIRVA) and that she suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused petitioner's alleged SIRVA or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these differing positions, the parties filed a joint stipulation on February 8, 2022, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Jennifer Estep was awarded $22,500.00 as a lump sum, payable by check, representing compensation for all damages available under the Vaccine Act. This award was a compromise of the parties' respective positions on liability and damages. The case was classified as a Table injury claim. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Ronalda Kosh of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jennifer Estep alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on October 6, 2018, and that the residual effects lasted more than six months. The respondent denied causation. The parties filed a joint stipulation agreeing to settle the case, with the Special Master adopting the stipulation. The case was classified as a Table injury claim. Petitioner was awarded $22,500.00 as a lump sum. Petitioner was represented by Leigh Finfer, and respondent was represented by Ronalda Kosh. Chief Special Master Brian H. Corcoran issued the decision on March 14, 2022, based on the stipulation filed February 8, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00630-0
Date issued/filed: 2022-03-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/09/2022) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00630-UNJ Document 33 Filed 03/14/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0630V
UNPUBLISHED
JENNIFER ESTEP, Chief Special Master Corcoran
Petitioner, Filed: February 9, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Ronalda Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 21, 2020, Jennifer Estep 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 “result shoulder injury resulting from
the adverse effects of a Tdap vaccination” received on October 6, 2018. Petition at 1;
Stipulation, filed at February 8, 2022, ¶¶ 1-2, 4. Petitioner further alleges that she suffered
the residual effects of her alleged injury for more than six months. Petition at ¶ 10;
Stipulation at ¶ 4. Respondent “denies that petitioner sustained a SIRVA Table injury;
denies that the Tdap vaccine caused petitioner’s alleged shoulder injury, or any other
injury; and denies that her 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-00630-UNJ Document 33 Filed 03/14/22 Page 2 of 7
Nevertheless, on February 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 $22,500.00 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-00630-UNJ Document 33 Filed 03/14/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JENNIFER ESTEP, )
)
)
Petitioner, )
) No. 20-630V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALT H AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Jennifer Estep ("petitioner") filed 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 an injury allegedly related to petitioner's receipt
of the Tetanus-Diphtheria-Acellular Pertussis ("Tdap") vaccine, which is contained in the
Vaccine Injury Table (the ''Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the Tdap vaccine on October 6, 2018.
3. The vaccine was administered in the United States.
4. Petitioner alleges that as a result of receiving the Tdap vaccine, she suffered a
Shoulder Injury Related to Vaccine Administration ("SIRVA") within the Table timeframe. She
further alleges that she suffered the residual effects of her alleged injury for more than six
months.
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Case 1:20-vv-00630-UNJ Document 33 Filed 03/14/22 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her alleged condition.
6. Respondent derues that petitioner sustained a SIRVA Table injury; denies that the
Tdap vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition is a sequelae 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 described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $22,500.00, in the form of a check payable to petitioner, which
represents compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a).
9. As soon as practicable after the entry of judgment 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-21(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.
I 0. Petitioner and her attorney represent that they have identified to respondent all known
sources of payment for items or services for which the Program is not primarily liable under 42
U .S.C. § 300aa-l 5(g), including State compensation programs, insurance policies, Federal or State
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Case 1:20-vv-00630-UNJ Document 33 Filed 03/14/22 Page 5 of 7
heahh benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et
seq.)), or entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-l5(i), subject to the
availability of sufficient statutory funds.
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-15(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 paragraph 8, and any amount awarded
pursuant to paragraph 9, petitioner, in her individual capacity, and on behalf of her heirs,
executors, administrators, successors, or assigns, does forever irrevocably and unconditionally
release, acquit and discharge the United States and the Secretary of Health and Human Services
from any and all actions or 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, under 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 October 6, 2018, as alleged in a Petition filed on May 21, 2020, in the
United States Court of Federal Claims as petition No. 20-630V.
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Case 1:20-vv-00630-UNJ Document 33 Filed 03/14/22 Page 6 of 7
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice of the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the tenns
of this Stipulation or if the United States Court of Federal Claims fails 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 of the
parties hereto to make any payment or do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature 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 Health and Human Services that the Tdap vaccine caused petitioner's alleged
shoulder injury, or any other injury.
18. AU rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, adrnmistrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:20-vv-00630-UNJ Document 33 Filed 03/14/22 Page 7 of 7
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