VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00220 Package ID: USCOURTS-cofc-1_21-vv-00220 Petitioner: Theresa Langerud Filed: 2021-01-07 Decided: 2023-06-02 Vaccine: Tdap Vaccination date: 2018-11-06 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Theresa Langerud filed a petition on January 7, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed in the Vaccine Injury Table, as a result of receiving a Tetanus Diphtheria acellular Pertussis (Tdap) vaccination on November 6, 2018. Ms. Langerud stated that the vaccination occurred in the United States, that she experienced residual effects from the injury for more than six months, and that no civil action had been filed nor other compensation received for her condition. The respondent, the Secretary of Health and Human Services, denied that Ms. Langerud sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury or any other condition. Despite these denials, on April 24, 2023, the parties submitted a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and issued a decision on June 2, 2023. Pursuant to the stipulation, Chief Special Master Corcoran awarded Theresa Langerud a lump sum of $50,000.00 as compensation for all items of damages. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Parisa Tabassian of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Theresa Langerud alleged a Table injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), resulting from her November 6, 2018 Tdap vaccination. The respondent denied the alleged SIRVA Table injury and causation. The parties subsequently filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $50,000.00 as a lump sum for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the joint stipulation. Petitioner was represented by Leah VaSahnja Durant and Respondent by Parisa Tabassian. The decision was issued on June 2, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00220-0 Date issued/filed: 2023-06-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/27/2023) regarding 34 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00220-UNJ Document 38 Filed 06/02/23 Page 1 of 7 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-220V UNPUBLISHED THERESA LANGERUD, Chief Special Master Corcoran Petitioner, Filed: April 27, 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 7, 2021, Theresa Langerud 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 Table injury – Shoulder Injury Related to Vaccine Administration (SIRVA) – as a result of her November 6, 2018 Tetanus Diphtheria acellular Pertussis (Tdap) vaccination.3 Petition at 1, ¶¶ 1, 4; Stipulation, filed at April 24, 2023, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of her injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her injury. Petition at ¶ 5; Stipulation at ¶¶ 3-5. Respondent “denies that 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). 3 In the alternative, Petitioner alleges a causation-in-fact injury. Petition at ¶ 4. Case 1:21-vv-00220-UNJ Document 38 Filed 06/02/23 Page 2 of 7 [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury or any other injury; and denies that [P]etitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on April 24, 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 $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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 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 Case 1:21-vv-00220-UNJ Document 38 Filed 06/02/23 Page 3 of 7 Case 1:21-vv-00220-UNJ Document 38 Filed 06/02/23 Page 4 of 7 Case 1:21-vv-00220-UNJ Document 38 Filed 06/02/23 Page 5 of 7 Case 1:21-vv-00220-UNJ Document 38 Filed 06/02/23 Page 6 of 7 Case 1:21-vv-00220-UNJ Document 38 Filed 06/02/23 Page 7 of 7