VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00553
Package ID: USCOURTS-cofc-1_21-vv-00553
Petitioner: Teela Buscarini Wyman
Filed: 2021-01-11
Decided: 2023-06-12
Vaccine: Tdap
Vaccination date: 2020-07-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Teela Buscarini Wyman filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. Ms. Wyman alleged that she developed a shoulder injury related to vaccine administration (SIRVA) after receiving the pneumococcal conjugate (Prevnar 13) and tetanus, diphtheria, and acellular-pertussis (Tdap) vaccines on July 9, 2020. The respondent, the Secretary of Health and Human Services, denied that the immunizations caused petitioner's injury. The parties, however, reached a settlement agreement. On May 17, 2023, they filed a joint stipulation agreeing to settle the case. The respondent agreed to issue a lump sum payment of $50,000.00, payable to Ms. Wyman, as compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation in the agreed-upon amount. Judgment was to be entered accordingly. Edward Kraus represented the petitioner, and Catherine Stolar represented the respondent.

Theory of causation field:
Petitioner Teela Buscarini Wyman alleged a shoulder injury related to vaccine administration (SIRVA) following receipt of Prevnar 13 and Tdap vaccines on July 9, 2020. The respondent denied causation. The parties stipulated to a settlement. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. The settlement resulted in a $50,000.00 lump sum award to the petitioner. Special Master Mindy Michaels Roth issued the decision on May 17, 2023, adopting the stipulation. Petitioner's counsel was Edward Kraus, and respondent's counsel was Catherine Stolar.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00553-0
Date issued/filed: 2023-06-12
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 05/17/2023) regarding 48 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (dkj) Service on parties made.
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Case 1:21-vv-00553-UNJ Document 52 Filed 06/12/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-553V
Filed: May 17, 2023
* * * * * * * * * * * * *
TEELA BUSCARINI WYMAN, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Shoulder Injury Related to
* Vaccine Administration
v. * (“SIRVA”); Prevnar 13 and Tdap
* Vaccines.
*
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Edward Kraus, Esq., Kraus Law Group, LLC, Chicago, IL, for petitioner.
Catherine Stolar, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On January 11, 2021, Teela Buscarini Wyman [“Ms. Wyman” or “petitioner”] filed a
petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner
alleges that she developed a shoulder injury related to vaccine administration (“SIRVA”) after
1 Although this Decision has been formally designated “unpublished,” it will nevertheless 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. Otherwise,
the whole Decision will be available to the public. Id.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2018).
1

Case 1:21-vv-00553-UNJ Document 52 Filed 06/12/23 Page 2 of 8
receiving pneumococcal conjugate (“Prevnar 13”) and tetanus, diphtheria, and acellular-pertussis
(“Tdap”) vaccines on July 9, 2020. Stipulation, filed May 17, 2023, at ¶¶ 1-4. Respondent denies
that the aforementioned immunizations caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On May 17, 2023, the parties filed
a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $50,000.00 in the form of a check payable to petitioner, Teela
Buscarini Wyman. This amount represents compensation for all damages that would
be available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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