VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01114
Package ID: USCOURTS-cofc-1_20-vv-01114
Petitioner: Troy Fontechia
Filed: 2020-09-01
Decided: 2022-11-30
Vaccine: Tdap
Vaccination date: 2019-10-05
Condition: left shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45499

AI-assisted case summary:
Troy Fontechia filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on October 5, 2019. The petition stated that the vaccination occurred in the United States, his symptoms lasted for more than six months, and no prior action or compensation had been received for this injury. Respondent denied that Mr. Fontechia sustained a SIRVA Table injury, denied that the injury was caused-in-fact by the Tdap vaccine, and denied that the vaccine caused any other injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Mr. Fontechia a lump sum of $45,499.06. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the damages.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-01114-0
Date issued/filed: 2022-11-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/27/2022) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01114-UNJ Document 29 Filed 11/30/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1114V
UNPUBLISHED
TROY FONTECHIA, Chief Special Master Corcoran
Petitioner, Filed: October 27, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 1, 2020, Troy Fontechia 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 left shoulder injuries related to vaccine
administration (SIRVA) resulting from the tetanus, diphtheria, acellular pertussis (Tdap)
vaccine he received on October 5, 2019. Petition at 1; Stipulation, filed at October 26,
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 compensation in the form of an award
or settlement for his vaccine-related injury. Petition at 1-2; Stipulation at ¶¶ 3-5.
“Respondent denies that [P]etitioner sustained a SIRVA Table injury, denies that
[P]etitioner’s alleged shoulder injury was caused-in-fact by the Tdap vaccine, and denies
that the Tdap vaccine caused [P]etitioner any other injury or his current condition.”
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-01114-UNJ Document 29 Filed 11/30/22 Page 2 of 7
Nevertheless, on October 26, 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 $45,499.06 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-01114-UNJ Document 29 Filed 11/30/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TROY FONTECHIA, )
)
Petitioner, )
) No. 20-ll 14V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
______ Res _ po _ nde _ nt. _______)
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Troy Fontechia, 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 vaccine is contained in the
Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the Tdap vaccine on October 5, 2019. The vaccine administration
records indicate the vaccine was administered in the left ann.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he suffered a left Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table, and further alleges that
he experienced the residual effects of his injury for more than six months.
5. 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.

Case 1:20-vv-01114-UNJ Document 29 Filed 11/30/22 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury, denies that
petitioner's alleged shoulder injwy was caused-in.fact by the Tdap vaccine, and denies that the
Tdap vaccine caused petitioner any other injury or his current condition.
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 ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an eJection 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$45,499.06 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-l5(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 his 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
under 42 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 heaJth services on a pre-paid basis.
2

Case 1:20-vv-01114-UNJ Document 29 Filed 11/30/22 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 ofthis 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 Jitigation costs, and past unreimbursed 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-1S(a) and (d), and subject to the conditions of 42 U.S.C.
§ J00aa-1 S(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his 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 ofs ervices, 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-l0 et seq., on account o~ 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 October 5, 2019, as
alleged by petitioner in a petition for vaccine compensation filed on or about September 1, 2020,
in the United States Court of Federal Claims as petition No. 20-1 l 14V.
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-01114-UNJ Document 29 Filed 11/30/22 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 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 otheiwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
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 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. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
I
I
I
I
I
I
I
I
I
I
4

Case 1:20-vv-01114-UNJ Document 29 Filed 11/30/22 Page 7 of 7
RespectfuJJy submitted,
PETfflONER:
ATTORNEY OF RECORD FOR AUTIIORIZED REPRESENTATIVE
PETITIONER: OF THE AITORNEY GENERAL:
~
. M £ ~ ~- )
HEATHER L. PEARLMAN
MULLER BRAZIL Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
Tel: {215) 885-1655 U.S.DepartmentofJustice
Email: paul@mullernrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTIIORIZED REPRESENTATIVE AITORNEYOFRECORDFOR
OF THE SECRETARY OF HEALm RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes -
OJ111t111yslgnedbyGeoigeR. ®JJJ.OJJ\Ah
Gttmes•S14
S1 4
Dllte, 2022.10.12 20'.29:02~'00'
CDR GEORGE REED GRIMES, MD, MPH EMILIE F. WILLIAMS
Director, Division of Injury Trial Attorney
Compensation Programs Tons Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration .P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08Nt46B Tel: (202) 305-0124
Rockville, MD 20857 Email: Emilie.wiUiams@usdoj.gov
s