VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00912 Package ID: USCOURTS-cofc-1_23-vv-00912 Petitioner: Dena Long Filed: 2023-06-15 Decided: 2025-09-22 Vaccine: Tdap Vaccination date: 2021-06-16 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 22000 AI-assisted case summary: On June 15, 2023, Dena Long filed a petition seeking compensation after a tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on June 16, 2021. She alleged a Table shoulder injury related to vaccine administration with residual effects lasting more than six months. Respondent denied that Ms. Long sustained a SIRVA Table injury, denied that the Tdap vaccine caused the alleged SIRVA or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. The public stipulation decision does not describe the onset of shoulder pain, medical treatment, imaging, expert opinions, or a medical mechanism. On September 22, 2025, Chief Special Master Brian H. Corcoran adopted the parties' joint stipulation and awarded Ms. Long $22,000.00 as a lump sum through counsel's IOLTA account, representing all damages available under Section 15(a). Theory of causation field: Tdap vaccine, June 16, 2021, alleged Table SIRVA. COMPENSATED by stipulation. Respondent denied Table SIRVA, Tdap causation, and sequelae. Public decision/stipulation does not provide onset, treatment, imaging, experts, or mechanism. Award: $22,000 lump sum for all Section 15(a) damages, ACH to counsel IOLTA. Chief Special Master Corcoran September 22, 2025. Attorney David C. Richards; respondent Michael Bliley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00912-0 Date issued/filed: 2025-10-31 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 09/22/2025) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00912-UNJ Document 41 Filed 10/31/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0912V DENA LONG, Chief Special Master Corcoran Petitioner, v. Filed: September 22, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner. Michael Bliley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 15, 2023, Dena Long filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). The petition seeks compensation for injuries allegedly related to Petitioner’s receipt of a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on June 16, 2021. Petitioner alleges that she sustained a Table shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that she experienced residual effects of this condition for more than six months. 1Because 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. 2National 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-00912-UNJ Document 41 Filed 10/31/25 Page 2 of 8 Respondent denies that Petitioner sustained a Table SIRVA injury; denies that the Tdap vaccine caused Petitioner’s alleged SIRVA or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. Nevertheless, on September 22, 2025, 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 $22,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:23-vv-00912-UNJ Document 41 Filed 10/31/25 Page 3 of 8 IN TJIE VNITED STATES COURT OF FEDERAL CLAIMS OFI receipt ora tetanus. diphtheria. and acellulnr-pcrtussis ("Tdap. . ) ,nccinc. \\hich is contained in the Vaccine Injury Table (the "Table·"). 42 C.F.R. ~ I 00.3(a). 2. Petitioner 1·ecei,·ed a Tdap , uccination on .lune 16. 2021. 3. The Tclap \'accine ,,as administered" ithin the United Stales. 4. Petitioner alleges that she sustained a Table shoulder in_jur~ n.~lated to ,·aecinc administration ("SIRVA .. )\\ ithin the time period set lorth in the l'able 1·0110,, ing aclrninistrntion of'the vaccine. J)etitioner rurthcr alleges that she experienced the residual effects of this condition for more than six months. 5. Pct itioner represents that there has been Ill) prior a 1, ard or sell lcrnent ot' a ci vi I r action l'or damages on her bchal as a result ol' her co11cl it ion. Case 1:23-vv-00912-UNJ Document 41 Filed 10/31/25 Page 4 of 8 6. Respondent denies that pctitioner sus1ai11ecl a SIR VA Table injury; denies that the Tdap \cH;cine caused pctitioncr"s alleged SIRVA. or any other injury: and denies that petitioner's or current condition is a scqL11.:lac a vaccim;-n;lated in_jur). 7. I\ l:1intaining thcir abo,-c-statcd positions. the parties ne\'erthclcss now agree that the issues lK't I\ ccn lliclll slw II be scll led iilld that a dee is ion shou lei be entered a\\ arc! i ng the compc11sution described i11 paragraph 8 ul'this Stipulation. 8. .t\s snon as prncticahlc aner an entry ol'_jL1dg:111c11t relketing a decision consistent ,,ith the terms ol' thi:-, Stipulation. and af'tcr pi.!Litiorn:r has likd an ek1.:1ion lo receive * cornpen-,ation pursuant to ..J.2 ll.S.C. 300:w-2 I (a)( I). the Sccrclar~ t)I' I kalth and I luman Scrvke::, \\ ill issue the l'ollol\ ing vaccine coinpcnsati1111 IXI) mcnl: ,\ lu111p Slll11 or s22.ooo.oo. tu be p.iid thrnugh an /\( 11 !.k:po'iit to petitioner's counsel'::, IOLT:\ .1ccnum 1·or prompt disburse1rn.:1il tt>p etitiuncr. This U1lHH1n1 n.:prc'>cnts compensation l'or all damage~ th.it \\t.rnld he ,1, ,1il:ihlc under ..J.2 U.S.C. 9. /\s soon as p1·acticahlc al'tn the entry oi'judgrnclll tlll entitlcrncllt in this case. and :1 lh.:r pct it ion er has lilcd both a proper and Ii me I) c lcct ion to rccci, e cornpcnsat ion pursuant to 42 U.S.C. ~ 300aa-2 I (a)( I). and an application. the parties,, ill submit to rurthcr proceedings bcl'orc tlic special master to tl\\ard reasonable at1on11.:ys· lees and costs incurred in proceeding upon this petition. I 0. Pctitioncr and hl.!r utlorncy rcprcscnt that w rnpcns:11ion to be provided pursuant to th is St i pulal io11 is not fc.ir :in: itcms or sc n ices l'or ,, h ich the Program is not pri rnari ly I iable under ..J.:2 LJ.S.C. § 300aa- I 5(g). to the extent that JXl: mcnt has been made or cun reasonably be expected to be rnndc under any State compensation prngrarns. insurance policies. Federal or Case 1:23-vv-00912-UNJ Document 41 Filed 10/31/25 Page 5 of 8 State health benefits programs (other than Title XIX of the Social Securit) /\cl (-+2 L .S.C. § 1396 cl seq.)). or b) entities thm provide health scr\'iccs on a pre-paid basis. 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant lo paragraph 9 of this Stipulation\\ ill be made in accordance,, ith -+2 U.S.C. ~ 100aa-l 5(i). subject lo the availability of sufficient statutory runds. 12. The parties and their attorneys rurther agree and stipulatt: that. <:::xc1.:pl !'or an) award for auorne)s" Ices. and litigation costs. and past unrcimbursable expenses. the mtlllC) provided pursuant to this Stipulation ,,,ill be used solely for the benefit ol'pctitioncr as contemplated b) a strict construction of' 4~ ll.S.C. ~ .100aa-15(a) nnd (cl). and sub_jcct to the * conditions or 42 U.S.C. 300an-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9. petitioner. in her indi, idual capacity and on behaff 01· her heirs. c:xccutors. administrators. successors or assigns. docs forever irrevocably and unconditional I) release. acquit and disch8rge the United St8tes and or the Sccrctrn') t)l'l lc81th 811d I luman Ser\'iccs rrom an) and all actions or causcs action .i or (inc I ud i ng agreements . udgmcnts. claims. damages. lnss :-icn ices. c:--. pcnscs and u 11 clcrnancls or whatever kincl or natun.:) that huvc been brought. could ha, c been brought. or could bc timely br0Ltght in the Court or Federal Claim!). under the National Vaccine Injury Compensation Program. 42 U.S.C. ~ J00aa-10 ct seq .. on account or. or in an) \\t1) grc)\\ ing out oi'. any and all or known or unkno\\ n. suspcctcd or unsu~pccted personal injuries to or c.kath petitioner resulting from. or allcgccl to have resulted from. Tclap, accination administered on June 16. 2021. as alleged by petitioner in 8 petition for , 8ccinc co111pcnsatio11 lilccl on nr 8bout .lune 15. 2023. i11 or the United States Court Federal Claims as petition No. 23-9 I 2V. Case 1:23-vv-00912-UNJ Document 41 Filed 10/31/25 Page 6 of 8 14. Ir·pcLiLio11cr should die prior to cntr) ol'judg1rn:n1. this agreement shall be r voidable upon proper not icc to the Courl on bchal of either or both or the parties. 15. lf'thc spcl.'.inl 111-1:,tcr l~1ib tu b:--ul.' a decision in rnmplete coni'orrnity \\ith the ter111s ol'this Stipulation or ii' the Court or I:cdcrnl Claims fails 10 enter judgment in conlormity ,, itl1 a lkci..,iu11 that is in co1npktc conrorn1it) ,, ith the tt:rrns of' this Stipulation. then the parties· seule111c11t and this StipLilation :-hall hl', t>idable m the sok discretion or either part). 16. This StipLilation expresses .i 1·u11 .ind complete negotiated settlement ul' liability and damages claimed under the Nmionnl Childhood Vaccine lnjur:, 1\..:1 or 1986. as a1r1e11ded. or except as other" ise noted in paragraph 9 alX)\ e. I ht:rc is absolutely no ugrecmcnL on the part the parties heretl) to 111akc an: payment or lo do an:, act or thing other than is herein expressly stati.:d nnd ckn1I:- agreed to. 1'11c parties further agn.:c and undcrsta•1d that the ,mard described in this ~tipulation ma: rcl'lccl a cl1n1promisc of thi.: parties· resp1xti, c position~ a<; tu liability and/or ,11110uI1t oi' damage!-. and f'tml1cr. thut u change in the I1awre l)r 1hc injur> ur condition or in the items of compensation snug.ht. is 1101 grnunds Lo modi I':- or revise lhi:- agrccn1-:11l. 17. This Stipul,1tion shall nol be construed as an admission by the United States or the Sccrcl