VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01946
Package ID: USCOURTS-cofc-1_20-vv-01946
Petitioner: Daniel R. Cole, Sr.
Filed: 2023-03-09
Decided: 2023-04-11
Vaccine: Tdap
Vaccination date: 2019-07-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Daniel R. Cole, Sr. filed a petition for compensation under the National Vaccine Injury Compensation Program on March 9, 2023, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccine he received on July 3, 2019. He stated that he received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for damages. Respondent denied that Mr. Cole sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other condition, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on March 9, 2023, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as his decision. He awarded Mr. Cole a lump sum of $95,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01946-0
Date issued/filed: 2023-04-11
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 03/09/2023) regarding 49 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01946-UNJ Document 55 Filed 04/11/23 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1946V
UNPUBLISHED
DANIEL R. COLE, SR., Chief Special Master Corcoran
Petitioner, Filed: March 9, 2023
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)
Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC, Somers Point, NJ, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On December 22, 2020, Daniel R. Cole, Sr., 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 a shoulder injury related to vaccine
administration (“SIRVA”) as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine administered on July 3, 2019. Petition at 1; Stipulation, filed on March 9, 2023, at
¶¶ 2, 4. Petitioner further alleges that he received the vaccine in the United States, that
he experienced the residual effects of his 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 his 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
shoulder injury, Complex Regional Pain Syndrome, or any other injury or condition; and
denies that his 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-01946-UNJ Document 55 Filed 04/11/23 Page 2 of 9
Nevertheless, on March 9, 2023, 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 $95,000.00 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

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