VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00362 Package ID: USCOURTS-cofc-1_21-vv-00362 Petitioner: Sharon Seales-Reid Filed: 2021-01-08 Decided: 2023-08-21 Vaccine: Tdap Vaccination date: 2020-02-11 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 64000 AI-assisted case summary: Sharon Seales-Reid filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on February 11, 2020. She claimed the vaccine was administered in the United States, that her SIRVA was caused by the vaccine, that she experienced residual effects for more than six months, and that she had not received a prior award or settlement for this condition. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injuries or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the contested allegations, the parties filed a joint stipulation on July 17, 2023, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision, awarding Petitioner a lump sum of $64,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00362-0 Date issued/filed: 2023-08-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/18/2023) regarding 41 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00362-UNJ Document 46 Filed 08/21/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-362V SHARON SEALES-REID, Chief Special Master Corcoran Petitioner, Filed: July 18, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 8, 2021, Sharon Seales-Reid (Petitioner) 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 shoulder injury related to vaccine administration (“SIRVA”) as a result of a tetanus-diphtheria- acellular pertussis (“Tdap”) vaccine administered on February 11, 2020. Petition at 1-2; Stipulation, filed at July 17, 2023, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she sustained a SIRVA within the time period set forth in the Vaccine Injury Table or her injury was caused by the vaccine; that she experienced the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged 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). Case 1:21-vv-00362-UNJ Document 46 Filed 08/21/23 Page 2 of 7 shoulder injuries, or any other injury; and denies that her current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on July 17, 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 $64,000.00 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 Case 1:21-vv-00362-UNJ Document 46 Filed 08/21/23 Page 3 of 7 Case 1:21-vv-00362-UNJ Document 46 Filed 08/21/23 Page 4 of 7 Case 1:21-vv-00362-UNJ Document 46 Filed 08/21/23 Page 5 of 7 Case 1:21-vv-00362-UNJ Document 46 Filed 08/21/23 Page 6 of 7 Case 1:21-vv-00362-UNJ Document 46 Filed 08/21/23 Page 7 of 7