VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01395 Package ID: USCOURTS-cofc-1_20-vv-01395 Petitioner: Dinna Paulin Filed: 2022-02-11 Decided: 2022-03-15 Vaccine: Tdap Vaccination date: 2019-07-31 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 85000 AI-assisted case summary: Dinna Paulin filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccine she received on July 31, 2019. The respondent conceded that Ms. Paulin is entitled to compensation. The records showed she had no prior history of shoulder pain, her pain occurred within 48 hours after the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that the statutory six-month sequela requirement was met. Based on the concession and the evidence, the court found Ms. Paulin entitled to compensation. Subsequently, a decision on damages was issued. The respondent represented that Ms. Paulin agreed to his proffer on an award of compensation. The court awarded Ms. Paulin a lump sum payment of $85,000.00, representing compensation for all damages available under the program. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01395-0 Date issued/filed: 2022-03-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/11/2022) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01395-UNJ Document 36 Filed 03/14/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1395V UNPUBLISHED DINNA PAULIN, Chief Special Master Corcoran Petitioner, v. Filed: February 11, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Ruling on Entitlement; Concession; Table Injury; Tetanus-Diphtheria- Respondent. Acellular Pertussis (Tdap); Shoulder Injury Related to Vaccine Administration (SIRVA). Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 14, 2020, Dinna Paulin 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 alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine administered on July 31, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 10, 2022, Respondent filed a combined Rule 4(c) Report and Proffer in which he concedes that Petitioner is entitled to compensation in this case. Rule 4(c) Report and Proffer. Specifically, the records show that Petitioner had no history of pain, 1 Because this unpublished opinion 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 opinion will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioners have 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-01395-UNJ Document 36 Filed 03/14/22 Page 2 of 2 inflammation, or dysfunction of her left shoulder; Petitioner’s pain occurred within 48 hours after receipt of an intramuscular vaccination; her pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain Petitioner’s shoulder pain. Id. at 5. Respondent further agrees that the statutory six-month sequela requirement has been satisfied. Id. at 6. 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-01395-1 Date issued/filed: 2022-03-15 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/11/2022) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01395-UNJ Document 37 Filed 03/15/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1395V UNPUBLISHED DINNA PAULIN, Chief Special Master Corcoran Petitioner, v. Filed: February 11, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Damages Decision Based on Proffer; Table Injury; Tetanus-Diphtheria- Respondent. Acellular Pertussis (Tdap); Shoulder Injury Related to Vaccine Administration (SIRVA). Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On October 14, 2020, Dinna Paulin 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 alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine administered on July 31, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 10, 2022, Respondent filed a combined Rule 4(c) Report and Proffer in which he conceded that Petitioner was entitled to compensation for her SIRVA. Rule 1 Because this unpublished opinion 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 opinion 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-01395-UNJ Document 37 Filed 03/15/22 Page 2 of 2 4(c) Report and Proffer at 1, 3-4. The following day, I issued a Ruling on Entitlement. ECF No. 21. Respondent represents that Petitioner agrees to his proffer on an award of compensation. Rule 4(c) Report and Proffer at 6-7. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the combined Rule 4(c) Report and Proffer,3 I award Petitioner a lump sum payment of $85,000.00 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 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto. 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