VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01262 Package ID: USCOURTS-cofc-1_21-vv-01262 Petitioner: Richard Pollack Filed: 2021-04-21 Decided: 2024-10-31 Vaccine: Tdap Vaccination date: 2020-10-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Richard Pollack filed a petition for compensation under the National Vaccine Injury Compensation Program on April 21, 2021, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus diphtheria acellular pertussis (Tdap) vaccine received on October 15, 2020. Mr. Pollack alleged that the Tdap vaccine was administered in the United States and that he suffered residual effects of his injury for more than six months. Respondent denied that Mr. Pollack sustained a SIRVA Table injury and denied that the Tdap vaccine caused his alleged left shoulder injury or any other condition. Despite these denials, the parties filed a joint stipulation on September 30, 2024, agreeing to settle the case. The court adopted the stipulation as its decision awarding damages. Pursuant to the stipulation, Mr. Pollack was awarded a lump sum of $30,000.00 as compensation for all items of damages available under the Vaccine Act. This award represents a compromise of the parties' respective positions on liability and the amount of damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01262-0 Date issued/filed: 2024-10-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/30/2024) regarding 47 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01262-UNJ Document 55 Filed 10/31/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1262V RICHARD POLLACK, Chief Special Master Corcoran Petitioner, Filed: September 30, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jessica Ann Wallace, Siri & Glimstad, LLP, Aventura, FL, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 21, 2021, Richard Pollack 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from a tetanus diphtheria acellular pertussis (“Tdap”) vaccine received on October 15, 2020. Petition at 1; Stipulation, filed September 30, 2024, at ¶¶ 2-4. Petitioner further alleges that the Tdap vaccine was administered in the United States, he suffered residual effects of his injury for more than six months, and neither Petitioner, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for his vaccine-related injury. Petition at ¶¶ 4, 15- 17; Stipulation at ¶¶ 3-5; Ex. 2. “Respondent denies that petitioner sustained a SIRVA Table injury, and further denies that the Tdap vaccine caused petitioner’s alleged left shoulder injury, any other injury, or his current condition.” Stipulation at ¶ 6. 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-01262-UNJ Document 55 Filed 10/31/24 Page 2 of 7 Nevertheless, on September 30, 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 $30,000.00 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-01262-UNJ Document 55 Filed 10/31/24 Page 3 of 7 3Jn tbe ffl:nite.b ~taltj QCourt of jfe beral Oaim1 OFFICE OF SPECIAL MASrl 'lt:RS RlCHARD POLLACK, Petitioner, Case No. 2 J-1262V (ECF) V. CHIEf SPF..CIAT. MASTER CORCORAN SECRETARY OF Ht<.AI.TH AND HID,1A.J.'l SERVIC!::S 1 Respondent. STJruLA TION The parties hereby stipulate to the following matters; l. Richard Pollack. petitioner, fik--d a petition for vaccine compensation w,dcr the National Vaccine ltlju,y Ccrrnpensw.ion ?nit-;."l"am, 42 U.S.C. §§ 300aa-l0 to -34 (the u.vaccfnc Program'!"). The petition seeks compensation for injuri~ ullegcd]y related to pedtioner►s receipt oft he tetanuc., d.ipl1thei-ia, and n<;cll ular pertussis ("Tdap") vaocine, wh.icl, rs a vaccine oonwincd in the Vaccine Injury Table (the "Table"}, 42 C.F.R ~ 100.3(a). 2. Pet.jtioner received the Tdap vaccine on October 15, 2020. .~ . Tbc vaccination tvas administered. within tl'le United States. 4. PetitioneJ" aJ leges that he sustained a Jcfi shoulder tnj Ul)' related to vacc.ine 11J.r.u.i.uis1raLiur1 ( ..S i RV A·, wilhin the T~"blc time -period after rece1v:Lng u1~ Td.ap ~iccinc, and alleges that he experienced the residual effects of this injury for more than sh:: months, 5. PetitiOnl'.T f(.-prcscnts that there has been no prior award or ~tllcmc:nt of a civil acti<)fl for damltgcs on his behalf as a result of hls :alleged i:njuries. Case 1:21-vv-01262-UNJ Document 55 Filed 10/31/24 Page 4 of 7 6, Respondent ck.-'Dies that petitioner sustained a STR VA Table iaj ury, and further denies that the Tdap vaocine caused petitioner's alleged left shoulder injury, any other injury, or his e-urrent condition. 7. 1'.fuintaining tlleir ahove-siated pusitions, lhc parties nevertheJess now agree that the issues benvee-n lhcm shall be settled and tJ1ac a deci~c,>n should be entered awarding the compensatlon descrlhed in pan-igraph 8 of this Stipulation. 8. As :;ocm liS practicabJe after an entry ofjudgmcnl reflecting a decisitm cou~i~cnl with the terms of this Stipulation, and after petjlioncr h..,s filed an election to rece,i ve compeniwion pursuant to 42 U.S,C. § 300aa~2l(a)(l), the ~ecrclar)· oJHealth and Human Services will issue the following vaccine compensation payment: A lump sum of $30,000.00 irl the forr.n of a check payable to petitr()ner. This amount represen~ compensatfon tor-all dama.ges that would be available undc..,. 42 U.S.C. § 300aa-15{a). 9. As soon as practicable aO:cr lhc c:ntr)' ofj udgment in this c.asi:. und after petitioner has filed both a ptoper m1d timely dcction to receive compensation pursuant lO 42 U.S.C. § 300aa-2 I (aXl ), and an application. the pa1ti~ will submil to funher proceed,,,~ before the special mast.er to award reasonable atmmey~~ fees and costs incurred in proceedlng upon th-is petition. I 0. P~titioner and his attorney :represe11t ~ rompe-osatfo.n to be provided p,m;uunt to this Stipulation is not for any iltmis or services for which the Program is not primarily Hable under 42 U .S.C. § 300aa-15(gJ. to the extent that paymcnl .has been made or can rea.~nably be expected to be made Uflder any State oompcri:salian programs, insurance p ttdministrator~, !.>uocessors. and/or 0.">..4-:ign~. END OF STIPULATION 4 Case 1:21-vv-01262-UNJ Document 55 Filed 10/31/24 Page 7 of 7 Respcttfully submitt~~ PETITIONER: ,---- ~~ '\·:.({AE- ~,r~: \\ ruc~,ARD POLLACK .) A'JT0RNEY OF RECORD FOR AlITHORIED RF.PRESEN'l'A TIVE PETITIONER: OF THE ATT0RNI.:Y GENERAL; 4v ~\hPeclMM---:: JIEAT HER L. PEARLMAN Court..~J ti)r Pc:ti~ioner Depwy Director Sirl Glim.~tad, U.P Tort.-. Or.rrn;;h, Civil Division 20200 West Dixie Highway, Suite 902 U.S. Department of Justice Av ent um, FL 3 3180 P.O. Box 14(, Jwa1Jocc@sirillp.com Rcnjamin Franklin Swjon (78.6) 410-6930 Wasbingto11; DC 20044-0146 AllTHOR17.F.0 REPR£SENTATIVR A'rl'0NEY OF RECORD FOR O¥THESF.CRETARYOF HEAi.TH RESPONDENT: AND HlThlAN SERVICES: J e f f r ey S · ~ly$lgned b-/ Jeffrey S, U..,ch-S Beach -S ~~02A-.09.11 oa:s5;54 for CAPT GEORGE REED GRIMES, MD, MPH :MARK K. HF.LI .IE Director~ Division of Injury 'l'rlal Attorney Compensation Program~ Torts Branch, Ci vii Division I lcallh Systems Bureau U.S. Departmenc ofJ ustice I lculth R csources and P.O. Rox 1'16 Scn•i~:; Administration Benjan1111 Franklin Station U.S. Departmt.-nl of Health and Wa~hington, DC 20044-0146 I luman Senrices mm.hellie@usdoj.gov 5600 Fishe~ t.-anc,08W•25A (202) 616-4208 Roc.kvHle, MD 20857 Dak.d:_ Cf_-3_o_ ~Z_o_ Z_. _.'i_ _ 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01262-cl-extra-10733841 Date issued/filed: 2024-10-31 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267251 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1262V RICHARD POLLACK, Chief Special Master Corcoran Petitioner, Filed: September 30, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jessica Ann Wallace, Siri & Glimstad, LLP, Aventura, FL, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 21, 2021, Richard Pollack 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from a tetanus diphtheria acellular pertussis (“Tdap”) vaccine received on October 15, 2020. Petition at 1; Stipulation, filed September 30, 2024, at ¶¶ 2-4. Petitioner further alleges that the Tdap vaccine was administered in the United States, he suffered residual effects of his injury for more than six months, and neither Petitioner, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for his vaccine-related injury. Petition at ¶¶ 4, 15- 17; Stipulation at ¶¶ 3-5; Ex. 2. “Respondent denies that petitioner sustained a SIRVA Table injury, and further denies that the Tdap vaccine caused petitioner’s alleged left shoulder injury, any other injury, or his current condition.” Stipulation at ¶ 6. 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). Nevertheless, on September 30, 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 $30,000.00 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 3Jn tbe ffl:nite.b ~taltj QCourt of jfeberal Oaim1 OFFICE OF SPECIAL MASrl 'lt:RS RlCHARD POLLACK, Petitioner, Case No. 2 J-1262V (ECF) V. CHIEf SPF..CIAT. MASTER CORCORAN SECRETARY OF Ht<.AI.TH AND HID,1A.J.'l SERVIC!::S1 Respondent. STJruLATION The parties hereby stipulate to the following matters; l. Richard Pollack. petitioner, fik--d a petition for vaccine compensation w,dcr the National Vaccine ltlju,y Ccrrnpensw.ion ?nit-;."l"am, 42 U.S.C. §§ 300aa-l0 to -34 (the u.vaccfnc Program'!"). The petition seeks compensation for injuri~ ullegcd]y related to pedtioner►s receipt of the tetanuc., d.ipl1thei-ia, and n<;cll ular pertussis ("Tdap") vaocine, wh.icl, rs a vaccine oonwincd in the Vaccine Injury Table (the "Table"}, 42 C.F.R ~ 100.3(a). 2. Pet.jtioner received the Tdap vaccine on October 15, 2020. .~. Tbc vaccination tvas administered. within tl'le United States. 4. PetitioneJ" aJ leges that he sustained a Jcfi shoulder tnj Ul)' related to vacc.ine 11J.r.u.i.uis1raLiur1 (..Si RV A·, wilhin the T~"blc time -period after rece1v:Lng u1~ Td.ap ~iccinc, and alleges that he experienced the residual effects of this injury for more than sh:: months, 5. PetitiOnl'.T f(.-prcscnts that there has been no prior award or ~tllcmc:nt of a civil acti<)fl for damltgcs on his behalf as a result of hls :alleged i:njuries. 6, Respondent ck.-'Dies that petitioner sustained a STRVA Table iaj ury, and further denies that the Tdap vaocine caused petitioner's alleged left shoulder injury, any other injury, or his e-urrent condition. 7. 1'.fuintaining tlleir ahove-siated pusitions, lhc parties nevertheJess now agree that the issues benvee-n lhcm shall be settled and tJ1ac a deci~c,>n should be entered awarding the compensatlon descrlhed in pan-igraph 8 of this Stipulation. 8. As :;ocm liS practicabJe after an entry ofjudgmcnl reflecting a decisitm cou~i~cnl with the terms of this Stipulation, and after petjlioncr h..,s filed an election to rece,i ve compeniwion pursuant to 42 U.S,C. § 300aa~2l (a)(l), the ~ecrclar)· oJHealth and Human Services will issue the following vaccine compensation payment: A lump sum of $30,000.00 irl the forr.n of a check payable to petitr()ner. This amount represen~ compensatfon tor- all dama.ges that would be available undc..,. 42 U.S.C. § 300aa-15{a). 9. As soon as practicable aO:cr lhc c:ntr)' of judgment in this c.asi:. und after petitioner has filed both a ptoper m1d timely dcction to receive compensation pursuant lO 42 U.S.C. § 300aa-2 I (aXl ), and an application. the pa1ti~ will submil to funher proceed,,,~ before the special mast.er to award reasonable atmmey~~ fees and costs incurred in proceedlng upon th-is petition. I 0. P~titioner and his attorney :represe11t ~ rompe-osatfo.n to be provided p,m;uunt to this Stipulation is not for any iltmis or services for which the Program is not primarily Hable under 42 U .S.C. § 300aa-15(gJ. to the extent that paymcnl .has been made or can rea.~nably be expected to be made Uflder any State oompcri:salian programs, insurance p ttdministrator~, !.>uocessors. and/or 0.">..4-:ign~. END OF STIPULATION 4 Respcttfully submitt~~ PETITIONER: , - - -- ~ , r ~: ~~ '\·:.({AE- \\ ruc~,ARD POLLACK .) A'JT0RN EY OF RECORD FOR AlITHOR IED RF.PRESEN'l'A TIVE PETITIONER: OF THE ATT0RNI .:Y GENERA L; 4v ~\hP eclM M---: : JIEATHER L. PEARLMA N Court..~J ti)r Pc:ti~ioner Depwy Director Sirl Glim.~tad, U.P Tort.-. Or.rrn;;h, Civil Division 20200 West Dixie Highway, Suite 902 U.S. Department of Justice Avent um, FL 3 3180 P.O. Box 14(, Jwa1Jocc@sirillp.com Rcnjamin Franklin Swjon (78.6) 410-6930 Wasbingto11; DC 20044-0146 AllTHOR17.F.0 REPR£SE NTATIVR A'rl'0NEY OF RECORD FOR O¥THESF .CRETAR YOF HEAi.TH RESPONDENT: AND HlThlAN SERVICES: ~ly$lgned b-/ Jeffrey S· Jeffrey S, U..,ch -S Beach -S ~~02A-.09.1 1 oa:s5;54 for CAPT GEORGE REED GRIMES, MD, MPH :MARK K. HF.LI .IE Director~ Division of Injury 'l'rlal Attorney Compensation Program~ Torts Branch, Ci vii Division I lcallh Systems Bureau U.S. Departmenc of Justice I lculth R csources and P.O. Rox 1'16 Scn•i~:; Administration Benjan1111 Franklin Station U.S. Departmt.-nl of Health and Wa~hington, DC 20044-014 6 I luman Senrices mm.hellie @usdoj.go v 5600 Fishe~ t.-anc,08W•25A (202) 616-4208 Roc.kvHle, MD 20857 Dak.d:_ Cf_-3_ o_ ~Z_o__Z.._'i_ _ 5