VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00287 Package ID: USCOURTS-cofc-1_21-vv-00287 Petitioner: Taylore Wilson Filed: 2021-01-07 Decided: 2023-05-03 Vaccine: Tdap Vaccination date: 2019-10-08 Condition: right shoulder related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 51070 AI-assisted case summary: Taylore Wilson filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on October 8, 2019. The petition was later amended on March 11, 2022. Ms. Wilson stated that she received the vaccine in the United States, that the residual effects of her SIRVA injury lasted for more than six months, and that she had not filed a civil action or received other compensation for the injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 21, 2023, conceding that the petitioner was entitled to compensation. The respondent found that Ms. Wilson met the criteria for SIRVA as defined in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. On March 22, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Wilson entitled to compensation. Subsequently, on March 31, 2023, the respondent filed a proffer on the award of compensation, recommending a total award of $51,070.58. This amount included $50,000.00 for pain and suffering and $1,070.58 for past unreimbursable expenses. The petitioner agreed with the proffered award. Chief Special Master Corcoran issued a decision on May 3, 2023, awarding Ms. Wilson a lump sum payment of $51,070.58, payable by check to the petitioner. The decision was issued by Chief Special Master Brian H. Corcoran, with Leah VaSahnja Durant representing the petitioner and Parisa Tabbassian representing the respondent. The public decision text does not describe the specific onset of symptoms, medical tests performed, or treatments received by Ms. Wilson. The specific mechanism of injury is not detailed in the provided text, beyond its classification as SIRVA. Theory of causation field: Petitioner Taylore Wilson, age 37, received a Tdap vaccine on October 8, 2019. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA), which is a defined Table injury. The respondent conceded entitlement, finding that Petitioner met the criteria for SIRVA on the Vaccine Injury Table. The public text does not detail the specific mechanism of injury, onset of symptoms, medical tests, or treatments. Petitioner was awarded $51,070.58, consisting of $50,000.00 for pain and suffering and $1,070.58 for past unreimbursable expenses. The decision on entitlement was issued on March 22, 2023, and the final decision awarding damages was issued on May 3, 2023, by Chief Special Master Brian H. Corcoran. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Parisa Tabbassian. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00287-0 Date issued/filed: 2023-04-21 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/22/2023) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00287-UNJ Document 33 Filed 04/21/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0287V UNPUBLISHED TAYLORE WILSON, Chief Special Master Corcoran Petitioner, Filed: March 22, 2023 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Parisa Tabbassian, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 7, 2021, Taylore Wilson filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). In her petition and an amended petition filed on March 11, 2022, Petitioner alleges that she suffered a right shoulder related to vaccine administration (“SIRVA”), a defined Table injury, after receiving the tetanus, diphtheria, acellular pertussis vaccine on October 8, 2019. Petition at ¶¶ 1, 4; Amended Petition at ¶¶ 1, 7. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of her SIRVA injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA, alleged as vaccine 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-00287-UNJ Document 33 Filed 04/21/23 Page 2 of 2 caused. Petition at ¶¶ 1, 3, 5-6; Amended Petition at ¶¶ 1, 6, 8-9. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 21, 2023, 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 believes “that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for SIRVA.” 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_21-vv-00287-1 Date issued/filed: 2023-05-03 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/31/2023) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00287-UNJ Document 34 Filed 05/03/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0287V UNPUBLISHED TAYLORE WILSON, Chief Special Master Corcoran Petitioner, Filed: March 31, 2023 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Parisa Tabbassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 7, 2021, Taylore Wilson filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). In her petition and an amended petition filed on March 11, 2022, Petitioner alleges that she suffered a right shoulder related to vaccine administration (“SIRVA”), a defined Table injury, after receiving the tetanus, diphtheria, acellular pertussis vaccine on October 8, 2019. Petition at ¶¶ 1, 4; Amended Petition at ¶¶ 1, 7. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 22, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On March 31, 2023, Respondent filed a proffer on award 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-00287-UNJ Document 34 Filed 05/03/23 Page 2 of 5 of compensation (“Proffer”) indicating Petitioner should be awarded $51,070.58, representing compensation in the amounts of $50,000.00 for her pain and suffering and $1,070.58 for her past unreimburseable expenses. Proffer at 2. 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 $51,070.58, representing compensation in the amounts of $50,000.00 for her pain and suffering and $1,070.58 for her actual unreimburseable 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-00287-UNJ Document 34 Filed 05/03/23 Page 3 of 5 THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS TAYLORE WILSON, Petitioner, v. No. 21-0287V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 7, 2021, Taylore Wilson (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she received a tetanus- diphtheria-acellular pertussis (“Tdap”) vaccination in her right deltoid on October 8, 2019, at thirty-seven years of age, and thereafter suffered from a shoulder injury related to vaccine administration (“SIRVA”). See Petition at 1. On March 21, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for SIRVA, and on the same date, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 25; ECF No. 26. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $50,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:21-vv-00287-UNJ Document 34 Filed 05/03/23 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,070.58. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. 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 should 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 following1: a lump sum payment of $51,070.58, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Taylore Wilson: $51,070.58 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division TRACI R. PATTON Assistant Director Torts Branch, Civil Division 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:21-vv-00287-UNJ Document 34 Filed 05/03/23 Page 5 of 5 /s/ PARISA TABASSIAN PARISA TABASSIAN Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-4035 parisa.tabassian@usdoj.gov DATED: March 31, 2023 3