VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00985 Package ID: USCOURTS-cofc-1_20-vv-00985 Petitioner: Amy Goode Filed: 2020-08-07 Decided: 2023-02-24 Vaccine: Tdap Vaccination date: 2019-09-02 Condition: brachial neuritis Outcome: compensated Award amount USD: 127500 AI-assisted case summary: Amy Goode filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered brachial neuritis, a defined Vaccine Table Injury, caused by the tetanus, diphtheria, and acellular pertussis (Tdap) vaccine she received on September 2, 2019. The petition stated that she received the vaccine in the United States and experienced residual effects of her injury for more than six months. Respondent conceded that Petitioner is entitled to compensation, agreeing that she met the criteria for the Table Injury of brachial neuritis and had satisfied all legal prerequisites for compensation. Subsequently, on January 19, 2023, the parties filed a joint stipulation requesting an award of $127,500.00 for pain and suffering, lost wages, future medical expenses, and unreimbursable expenses. The Chief Special Master adopted the stipulation and awarded the petitioner a lump sum payment of $127,500.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00985-0 Date issued/filed: 2021-07-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/11/2021) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00985-UNJ Document 25 Filed 07/12/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0985V UNPUBLISHED AMY GOODE, Chief Special Master Corcoran Petitioner, Filed: June 11, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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. Brachial Neuritis Daniel A. Singer, Shamberg, Johnson & Bergman, Chtd., Kansas City, MO, for Petitioner. Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 7, 2020, Amy Goode 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 she suffered brachial neuritis, a defined Vaccine Table Injury, which, in the alternative, was caused-in-fact by the tetanus, diphtheria, and acellular pertussis vaccine (“Tdap”) vaccine she received on September 2, 2019. Petition at 1, ¶¶ 2, 10-11. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her injury for more than six months, and that neither she nor any other individual has filed a civil action or received 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 1:20-vv-00985-UNJ Document 25 Filed 07/12/21 Page 2 of 2 compensation for her injury. Id. at ¶¶ 2, 9, 13-14. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 11, 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 Petitioner has met the criteria for the Table Injury of brachial neuritis. Id. at 6. Respondent further agrees that “based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” 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_20-vv-00985-1 Date issued/filed: 2023-02-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/20/2023) regarding 49 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00985-UNJ Document 52 Filed 02/24/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0985V UNPUBLISHED AMY GOODE, Chief Special Master Corcoran Petitioner, Filed: January 20, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Joint HUMAN SERVICES, Stipulation After Entitlement Determined for Petitioner; Tetanus Respondent. Diphtheria acellular Pertussis (Tdap) Vaccine; Brachial Neuritis Daniel A. Singer, Shamberg, Johnson & Bergman, Chtd., Kansas City, MO, for Petitioner. Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 7, 2020, Amy Goode 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 she suffered brachial neuritis, a defined Vaccine Table Injury, which, in the alternative, was caused-in-fact by the tetanus, diphtheria, and acellular pertussis vaccine (“Tdap”) vaccine she received on September 2, 2019. Petition at 1, ¶¶ 2, 10-11. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-00985-UNJ Document 52 Filed 02/24/23 Page 2 of 7 On June 11, 2021, I issued a ruling on entitlement, finding Petitioner entitled to compensation for his GBS. On January 19, 2023, the parties filed the attached joint stipulation,3 requesting that I issue a decision awarding compensation in the amount of $127,500.00, representing compensation for her pain and suffering, lost wages, future medical expenses, and unreimbursable expenses. Stipulation at ¶ 8. 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 Petitioner a lump sum payment of $127,500.00, representing compensation for her pain and suffering, lost wages, future medical expenses, and unreimbursable expenses in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Usually, a proffer is filed by Respondent if the parties have reached an informal agreement regarding the appropriate amount of compensation to be awarded after an entitlement determination. However, in a minority of cases, the parties may choose to file a joint stipulation instead, representing more of a compromise regarding the compensation to be awarded. 4 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-00985-UNJ Document 52 Filed 02/24/23 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) AMY GOODE, ) ) Petitioner, ) ) No. 20-985V V. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: 1. Amy Goode, 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 injuries allegedly related to petitioner's receipt of a Tetanus diphtheria-acellular pertussis ("Tdap") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the Tdap vaccine on September 2, 2019. 3. The vaccination was administered within the United States. 4. Petitioner suffered from brachia! neuritis within the time period set forth in the Table following receipt of the Tdap, and experienced the residual effects of her injury for more than six months. 5. There is not a preponderance ofe vidence demonstrating that petitioner's injury is due to a factor unrelated to vaccination. 6. Petitioner represents that there has been no prior award or settlement of a civil action I Case 1:20-vv-00985-UNJ Document 52 Filed 02/24/23 Page 4 of 7 for damages on her behalf as a result of her condition. 7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act for her brach ial neuritis Table injury. Therefore, a decision should be entered awarding the compensation described in paragraph 8 oft his Stipulation. 8. As soon as practicable after an entry ofj udgment 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-21 (a)( 1) , the Secretary of Health and Human Services will issue the following vaccine compensation payment: a. A lump sum of $127,500.00 (c onsisting of pain and suffering, lost wages, future medical expenses, and unreimbursable expenses) in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under42 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-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. 10. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (o ther than Title XIX of the Social Security Act (4 2 U. S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 2 Case 1:20-vv-00985-UNJ Document 52 Filed 02/24/23 Page 5 of 7 11. Payment made pursuant to paragraph 8 oft his Stipulation and any amounts awarded pursuant to paragraph 9 oft his Stipulation will be made in accordance with 42 U.S.C. § 300aa- 15(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 unreimbursedexpenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of4 2 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-t 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 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 United States 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 vaccination administered on September 2, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about August 7, 2020, in the United States Court of Federal Claims as petition No. 20-985V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalfo fe ither or both of the parties. 3 Case 1:20-vv-00985-UNJ Document 52 Filed 02/24/23 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion ofe ither 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 understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to 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. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:20-vv-00985-UNJ Document 52 Filed 02/24/23 Page 7 of 7 Respectfully submitted. PETITIONER: A~b l ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GE~ERAL: ~ ~J\.. e-i, J DANIEL A. SINGER HEATHER L. PEARLMAN Shamberg. Johnson, & Bergman. Chtd. Deputy Director 2600 Grand Boulevard, Suite 550 Tort~ Branch. Civil Division Kansas City. MO 641 OR U.S. Department of Justice T: 816--4 74-0004 F: 816--474-0003 P.O. Box 146 dsinger~isjblaw.com Benjamin Franklin Station Washington. DC 20044-0146 AUTHORIZED REPRESEl'iTA Tl\'E ATTOR:'iEY OF RECORD FOR OF THF. SECRF.TARV OF HF:ALTH RF.SPO~DENT: AND HUMAN SERVICES: George R. Grimes· o,9,tallys,9nedbyGeo19eR Grimcs-St4 S 14 Date: 2023.01.04 1S :54:26 -os·oo CDR GEORGE REED GRIMES. M.D., MPH RONALDA E. KOSH Director, Division of lnju1y Trial Attorney Compensation Programs To11s Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Depai1ment of Justice Administration P.O. Box 1-l6 U.S. Department of Health Benjamin 1-ranklin Station and Human Servit:cs Washington. DC 200-44-0146 5600 Fishers Lane. 08N 14613 ronalda.kosh~ usdoj.gov Rockville, MD 20857 (202) 616-44 76 5