VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00641
Package ID: USCOURTS-cofc-1_21-vv-00641
Petitioner: Teresa Stine
Filed: 2021-01-12
Decided: 2024-06-17
Vaccine: Tdap
Vaccination date: 2019-11-12
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 80144

AI-assisted case summary:
Teresa Stine, an adult, received a Tdap vaccine on November 12, 2019. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) as a consequence of this vaccination and experienced residual effects for more than six months. The Tdap vaccine is on the Vaccine Injury Table. Respondent denied that Petitioner suffered the onset of her alleged SIRVA within the Table timeframe, denied that the vaccine caused her injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Nevertheless, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, the court awarded Teresa Stine a lump sum of $80,144.06 as compensation for all items of damages available under Section 15(a). This award represents a settlement of liability and damages claimed under the National Childhood Vaccine Injury Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00641-0
Date issued/filed: 2024-06-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/16/2024) regarding 46 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:21-vv-00641-UNJ Document 47 Filed 06/17/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0641v
TERESA STINE, Chief Special Master Corcoran
Petitioner,
v. Filed: May 16, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On January 12, 2021, Teresa Stine filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the
“Vaccine Act”). On or about November 12, 2019, Petitioner received a tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccine, which vaccine is contained in the Vaccine Injury
Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she sustained a shoulder
injury related to vaccine administration (“SIRVA”) as a consequence of the Tdap
vaccination, and further alleges that she experienced the residual effects of this injury for
more than six months.
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 (2012).

Case 1:21-vv-00641-UNJ Document 47 Filed 06/17/24 Page 2 of 7
Respondent denies that Petitioner suffered the onset of her alleged SIRVA within
the Table timeframe; denies that the Tdap vaccine caused Petitioner’s alleged shoulder
injury, or any other injury; and further denies that her current disabilities are a sequela of
a vaccine-related injury.
Nevertheless, on May 16, 2024, 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 $80,144.06, in the form of a check payable to Petitioner. This
amount represents compensation for all items of damages that would be available
under Section 15(a). Stipulation at ¶ 8.
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-00641-UNJ Document 47 Filed 06/17/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
TERESA STINE,
Petitioner, No. 21-641 V
Chief Special Master Corcoran
V. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner, Teresa Stine, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The
petition seeks compensation for injuries allegedly related to petitioner's receipt of the tetanus
acellular pertussis ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § I 00.3 (a).
2. Petitioner received a Tdap vaccine on or about November 12, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration
("SIRVA") as a consequence of the Tdap immunization she received on or about November 12,
2019, and further alleges that she suffered the residual effects of this injury for more than six
months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
Page 1 of 5

Case 1:21-vv-00641-UNJ Document 47 Filed 06/17/24 Page 4 of 7
6. Respondent denies that petitioner suffered the onset of her alleged SIRVA within the
Table timeframe; denies that the Tdap vaccine caused petitioner's alleged shoulder injury or any
other injury and fmther denies that her cunent disabilities are a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the patties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the
following vaccine compensation payment:
A lump sum of $80,144.06, in the form of a check payable to pet1t1oner,
representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C.
§ 300aa-2 l (a)(l ), and an application, the parties will submit to fu1ther proceedings before the
special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that they have identified to respondent all known
sources of payment for items or services for which the Program is not primarily liable under 42
U .S.C. § 300aa-l 5(g), including State compensation programs, insurance policies, Federal or State
health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et
seq.)), or entities that provide health services on a prepaid basis.
Page 2 of 5

Case 1:21-vv-00641-UNJ Document 47 Filed 06/17/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 will be made in accordance with 42 U .S.C. § 300aa-l 5(i), subject to the
availability of sufficient statutory funds.
12. The pai1ies and their attorneys fm1her agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual
capacity, and on behalf of her heirs, executors, administrators, successors, and assigns, does
forever irrevocably and unconditionally release, acquit and discharge the United States and the
Secretary of Health and Human Services from any and all actions or causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in the
United States Court of Federal Claims, under the National Vaccine Injury Compensation Program,
42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from, the Tdap vaccination administered on or about November 12, 2019,
as alleged by petitioner in a petition for vaccine compensation filed on or about January 12, 2021
in the United States Cou11 of Federal Claims as petition No. 21-641 V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Cou11 on behalf of either or both of the pa11ies.
Page 3 of 5

Case 1:21-vv-00641-UNJ Document 47 Filed 06/17/24 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms of
this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
conformity with a decision that is in complete conformity with the terms of this Stipulation, then
the parties' settlement and this Stipulation shall be voidable at the sole discretion of either pa1iy.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the pa1i of the
parties hereto to make any payment or do any act or thing other than is herein expressly stated and
clearly agreed to. The parties fmiher agree and understand that the award described in this
Stipulation may reflect a compromise of the pa1iies' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap vaccine caused petitioner's alleged shoulder
injury or any other injury or any of her current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
Page 4 of 5

Case 1:21-vv-00641-UNJ Document 47 Filed 06/17/24 Page 7 of 7
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