VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01299 Package ID: USCOURTS-cofc-1_20-vv-01299 Petitioner: Eula Adeniji Filed: 2020-09-30 Decided: 2022-07-27 Vaccine: Tdap Vaccination date: 2018-12-28 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Eula Adeniji filed a petition for compensation under the National Vaccine Injury Compensation Program on September 30, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine administered on December 28, 2018. Ms. Adeniji stated that the vaccine was administered in the United States and that she experienced residual effects of her injury for more than six months. She also affirmed that there had been no prior award or settlement of a civil action for damages related to her condition. The respondent, the Secretary of Health and Human Services, denied that Ms. Adeniji sustained a SIRVA Table injury, denied that the vaccine caused her alleged right shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. On June 9, 2022, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Pursuant to the stipulation, Ms. Adeniji was awarded a lump sum of $50,000.00, payable by check to the Petitioner, as compensation for all items of damages. The decision was issued on July 27, 2022. Theory of causation field: Petitioner Eula Adeniji alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on December 28, 2018. The respondent denied the alleged SIRVA Table injury and causation. The parties filed a joint stipulation on June 9, 2022, agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation on July 27, 2022, awarding Petitioner a lump sum of $50,000.00 for all damages. The specific theory of causation, medical experts, or detailed clinical information were not described in the public decision, which was based on a stipulation. The case falls under the "Table" category for SIRVA injuries. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01299-0 Date issued/filed: 2022-07-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/22/2022) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01299-UNJ Document 38 Filed 07/27/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1299V UNPUBLISHED EULA ADENIJI, 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) Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 30, 2020, Eula Adeniji 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 a shoulder injury related to vaccine administration (“SIRVA”) as a result of a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine that was administered to her on December 28, 2018. Petition at 1; Stipulation, filed on June 9, 2022, at ¶¶ 2, 4. Petitioner further alleges that she received the vaccine in the United States, that she experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged right 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. 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-01299-UNJ Document 38 Filed 07/27/22 Page 2 of 7 Nevertheless, on June 9, 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 $50,000.00 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-01299-UNJ Document 38 Filed 07/27/22 Page 3 of 7 Case 1:20-vv-01299-UNJ Document 38 Filed 07/27/22 Page 4 of 7 Case 1:20-vv-01299-UNJ Document 38 Filed 07/27/22 Page 5 of 7 Case 1:20-vv-01299-UNJ Document 38 Filed 07/27/22 Page 6 of 7 Case 1:20-vv-01299-UNJ Document 38 Filed 07/27/22 Page 7 of 7