VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00245 Package ID: USCOURTS-cofc-1_23-vv-00245 Petitioner: Dreama Cleaver Filed: 2023-02-21 Decided: 2024-10-25 Vaccine: Tdap Vaccination date: 2022-02-24 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Dreama Cleaver filed a petition for compensation under the National Vaccine Injury Compensation Program on February 21, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a Tdap vaccine received on February 24, 2022. She claimed the injury was a Table injury, that it occurred in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for this condition. The respondent denied that Ms. Cleaver sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury. Despite these denials, the parties filed a joint stipulation on September 24, 2024, agreeing to settle the case and award compensation. Chief Special Master Corcoran adopted the stipulation as the decision, awarding Ms. Cleaver a lump sum of $35,000.00 for all damages. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The parties also agreed to proceedings for attorneys' fees and costs. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00245-0 Date issued/filed: 2024-10-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/24/2024) regarding 29 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00245-UNJ Document 36 Filed 10/25/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-245V DREAMA CLEAVER, Chief Special Master Corcoran Petitioner, Filed: September 24, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On February 21, 2023, Dreama Cleaver 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”), a Table injury, resulting from a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she received on February 24, 2022. Pet., ECF No. 1. Petitioner further alleges that the vaccine was administered in the United States, she experienced the residual effects of her condition for more than six months, and there has been no prior award or settlement of a civil action for damages on Petitioner’s behalf as a result of her condition. Id. Respondent denies “that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at 2, ECF No. 28. 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 1:23-vv-00245-UNJ Document 36 Filed 10/25/24 Page 2 of 7 Nevertheless, on September 24, 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 $35,000.00 in the form of a check payable to Petitioner. Stipulation at 2. 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 1:23-vv-00245-UNJ Document 36 Filed 10/25/24 Page 3 of 7 I~ THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DREAMA CLEAVER. Pet it ioner, No. 23-245V Chier Special Masler Corcoran ECF V. SECRET1\RY OF l lc/\LTH AND HUMAN SERVICL:S. R.!spondcnt. STIPULATION The parties hereby stipulate to the fol lowing matters: 1. Dn::ama Ckawr ( .. petitioner''), tilc:etitil)ncr allege~ that she sustained a shoulder injury related to vaccine administration ('"SIRVA") w11h in the t I111c: pcrioJ set forth in the Tabk, or in 1he al1ernuri ve, 1hu1 her al kgt:d shoulder injury was caused by the vaccine. She funhl!r alleges Lha1 she l!xperienced the residual effects of this condition tor mor\:! than six months. Case 1:23-vv-00245-UNJ Document 36 Filed 10/25/24 Page 4 of 7 5. Pcti1io11er repr...:s...:I11s that ther...: has been 110 prior award or settkment or a civil .11.:tion for damages on her bcliall°as a n~sull or lier alleged injury. 6. R...:spom.knt denies that petitioner sustained a SIRVA Table injury; denies that the vaccine causeJ petitioner's alleged shuul<.kr injury, or any other injury; and denies that her current condition is a sequ~la or a vaccine-related injury. 7. :vtailllaining their above-stated positions, the parties nevertheless now agree that the issues between the111 shall bl! sctlled and that a decision should be entered awarding the compensation described in paragraph 8 or this Stipulation. l->. As soon as pra...:ti...:able alh:r an entry ol'_judgmenl rellec1ing a decision consistent with the ter11Js ol° this S1ipubt1u11, and alh:r pctitiuner has likd an ckctio11 to n.:c...:ivl:! compensation pursuant tu -42 U.S.C. ~ JUUaa-2I (a)( I), 1he Secn:tary of Health and Human Services will issue the following.\ a...:ci11...: coinpensation payrne11t: A lu111p sum oi'$35.UOU.OU i11 the form ol'a check payable to petitioner. This amount n.:presents compensation for all damages that would be available under 42 U.S.C. § 300aa-I 5(a). 9. A:- suon as practicable after the entry of judgment on entitlement in this case, and after petitioner has tikd both a proper and timely election to receive compensation pursuant to 42 * U.S.C. 3UUaa-2 I (a)( I). und ~111 application, the purties will submit to further proceedings before the special mush:r to award reasonable attorneys' fees and costs incurred in proceeding upon this petition I 0. l'ct1tio111.:1 and lier atll>rlle) r...:pres...:111 1hu1 Cl>ll1pensa1ion lube pnl\ ided pursuant to this Stipulatiun is nut 11.>r any ill!lllS ur Sl!l"\• ic...:s for whi..:h the Program is nu1 primarily liable under 42 U.S.C ~ ]0Uaa-I 5(g), 10 the extent that pay111i.:11t has been made or can reasonably be 2 Case 1:23-vv-00245-UNJ Document 36 Filed 10/25/24 Page 5 of 7 expected 10 bt: made under any State compe11satio11 programs, insurance policies, Federal or State health benelits programs (other than Title XIX or the Social Security Act (42 U.S.C. § 1396 c:t 1'c.'Lf.)J. orb) entities 11la1 provide hl;!alth sen•it:l;!S on a pre-paid basis. I I. Payrne111 made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph') u!'tllis St1pula1ion will be mm.le in accordance with 42 U.S.C. ~ 30Uaa-15(i). subject to the availability o!'-;ul'Jicie11t statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorney'-; ll'.es a11d litigation costs. and past unreimbursable expenses. the money prm·ided pursuant to this Stipulation will be used solely for the beneli1 of pe1i1io11er as comemplated by a strict construction or 42 U S.C. ~ 300aa-I 5(a) and (cl), and subject to the conditions of 42 U.S.C. * 300aa-l 5(g) and l h ). 13. In re1urn for the payments described in paragraphs 8 and 9, petitioner, in her r individual capacity, and on bd1al oi" her heirs. execu1ors. ad111inistra1ors. successors or assigns. does forewr irrevucably and uncundiliunally rckase, acquit and dischargi.: the L'nited Stalt:S and the Secretary u1· I lea Ith and l lurnan Servi<.:es from any and ult u<.:tions or causes of m:tion (including. agri.:i.:111i.:111s. ,1udg111e111s, claims. damages. luss uf services. e»pense:-. und all demands of whale\ i.:r kind ur naturi.:) 1l iat have been broughl. could have been brought, or could be timely brought in the <.'nun ur 1:ederal Claims, under the National Vaccine Injury Compensation Progni111, 42 U S.l'. ~ 30Uaa-IO et seq., un account uf, or in any way growing out of, any and all known ur unknown, suspectt: