VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00804 Package ID: USCOURTS-cofc-1_23-vv-00804 Petitioner: Trennese Howard-Lucas Filed: 2023-06-01 Decided: 2024-07-26 Vaccine: Tdap Vaccination date: 2022-01-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Trennese Howard-Lucas filed a petition on June 1, 2023, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that after receiving a Tdap vaccination on January 6, 2022, she suffered a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 24, 2024, conceding that Ms. Howard-Lucas is entitled to compensation. The respondent stated that the alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that the petitioner satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Ms. Howard-Lucas is entitled to compensation. The case will proceed to determine the award amount. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Elizabeth Andary of the U.S. Department of Justice. The decision on entitlement was issued on July 26, 2024. Theory of causation field: Petitioner Trennese Howard-Lucas alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on January 6, 2022, with residual effects lasting over six months. The respondent conceded entitlement, stating the injury is consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites were met. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 26, 2024, finding Petitioner entitled to compensation. The case is proceeding to determine the award amount. Petitioner counsel was Leah VaSahnja Durant, and Respondent counsel was Elizabeth Andary. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00804-0 Date issued/filed: 2024-07-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/25/2024) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00804-UNJ Document 23 Filed 07/26/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-804V TRENNESE HOWARD-LUCAS, Chief Special Master Corcoran Petitioner, Filed: June 25, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 1, 2023, Trennese Howard-Lucas (“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 from a shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination on January 6, 2022. Pet., ECF No. 1. Petitioner further alleges that she suffered the residual effects of her injury for more than six months. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 Ruling 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-00804-UNJ Document 23 Filed 07/26/24 Page 2 of 2 On June 24, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1, ECF No. 18. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent does not dispute that Petitioner “has satisfied all legal prerequisites for compensation under the Act.” Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2