VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00088 Package ID: USCOURTS-cofc-1_21-vv-00088 Petitioner: Terra Figueiredo Filed: 2021-01-05 Decided: 2022-10-03 Vaccine: Tdap Vaccination date: 2019-11-10 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 81193 AI-assisted case summary: Terra Figueiredo filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on November 10, 2019. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report on June 13, 2022, conceding that Petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation. A ruling on entitlement was issued on June 16, 2022. On September 1, 2022, Respondent filed a proffer on award of compensation, proposing an award of $81,193.04, consisting of $80,000.00 for pain and suffering and $1,193.04 for past unreimbursable expenses. Petitioner, a competent adult, agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $81,193.04 on October 3, 2022. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00088-0 Date issued/filed: 2022-07-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/16/2022) regarding 29 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made. (ew). -------------------------------------------------------------------------------- Case 1:21-vv-00088-UNJ Document 31 Filed 07/18/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0088V UNPUBLISHED TERRA FIGUEIREDO, Chief Special Master Corcoran Petitioner, Filed: June 16, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA) John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 5, 2021, Terra Figueiredo 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”), a defined Table Injury, after receiving the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on November 10, 2019. Petition at 1, ¶¶ 1, 6. On January 31, 2021, Petitioner filed a more detailed, amended petition, alleging the same. Amended Petition at 1, ¶¶ 1, 22. Petitioner further alleged that she received the vaccination in the United States, that she suffered the residual effects of her SIRVA for more than six months, and that neither she nor any other party has filed a civil action or 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:21-vv-00088-UNJ Document 31 Filed 07/18/22 Page 2 of 2 received compensation for her SIRVA. Id. at ¶¶ 1, 20-21. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 13, 2022, 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 “had concluded that [P]etitioner’s claim meets the Table criteria for SIRVA.” Id. at 6. Respondent further agrees that “[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_21-vv-00088-1 Date issued/filed: 2022-10-03 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 09/01/2022) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00088-UNJ Document 43 Filed 10/03/22 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0088V UNPUBLISHED TERRA FIGUEIREDO, Chief Special Master Corcoran Petitioner, Filed: September 1, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Respondent. Injury Related to Vaccine Administration (SIRVA) John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 5, 2021, Terra Figueiredo 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”), a defined Table Injury, after receiving the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on November 10, 2019. Petition at 1, ¶¶ 1, 6. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 16, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On September 1, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $81,193.04, representing compensation in the amounts of $80,000.00 for her pain and suffering and 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 1:21-vv-00088-UNJ Document 43 Filed 10/03/22 Page 2 of 4 $1,193.04 for her past unreimbursed expenses. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. 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 attached Proffer, I award Petitioner a lump sum payment of $81,193.04, representing compensation in the amounts of $80,000.00 for her pain and suffering and $1,193.04 for her actual 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.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 1:21-vv-00088-UNJ Document 43 Filed 10/03/22 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS TERRA FIGUEIREDO, Petitioner, No. 21-88V (ECF) v. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 5, 2021, Terra Figueiredo (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2018) (the “Vaccine Act”). Petitioner alleged that she suffered a left-sided shoulder injury related to vaccine administration as a result of a tetanus-diphtheria-acellular pertussis vaccine. ECF No. 1 (Petition) at 1. On June 13, 2022, respondent filed a report conceding that compensation under the Vaccine Act is appropriate in this case. ECF No. 28. On June 16, 2022, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner is entitled to compensation. ECF No. 29. On the same date, the Chief Special Master issued a Damages Order. ECF No. 30. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $81,193.04, consisting of $80,000.00 for pain and suffering and $1,193.04 for past unreimbursed expenses, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:21-vv-00088-UNJ Document 43 Filed 10/03/22 Page 4 of 4 II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following: a lump sum payment of $81,193.04, in the form of a check payable to petitioner.1 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant Director Torts Branch, Civil Division /s/ Naseem Kourosh NASEEM KOUROSH Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Telephone: (202) 305-1159 E-mail: Naseem.Kourosh@usdoj.gov DATED: September 1, 2022 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages. 2