VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00794 Package ID: USCOURTS-cofc-1_24-vv-00794 Petitioner: Michaela Strickland Filed: 2024-05-23 Decided: 2025-04-11 Vaccine: Tdap Vaccination date: 2021-08-11 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Michaela Strickland filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed left arm pain and disability due to a tetanus diphtheria acellular pertussis (Tdap) vaccine she received on August 11, 2021. She asserted an injury under section I(C) of the Vaccine Injury Table, which pertains to shoulder injury related to vaccine administration (SIRVA). The respondent conceded that Petitioner is entitled to compensation, agreeing that her injury was consistent with SIRVA. Specifically, the respondent noted that she had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection site, with no other condition identified to explain the symptoms. The respondent also agreed that Petitioner had suffered residual effects for more than six months and met all legal prerequisites for compensation. Following the ruling on entitlement, the parties stipulated to an award. The decision awarding damages granted Michaela Strickland a lump sum payment of $40,000.00 for pain and suffering, to be paid through her counsel. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00794-0 Date issued/filed: 2025-02-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/27/2025) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00794-UNJ Document 23 Filed 02/27/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0794V MICHAELA STRICKLAND, Chief Special Master Corcoran Petitioner, Filed: January 27, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jubaile Abila, Groth Law Firm, S.C., Brookfield, WI, for Petitioner. Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On May 23, 2024, Michaela Strickland filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), which she amended on January 22, 2025. Petitioner alleges that she “developed left arm pain and disability” due to a tetanus diphtheria acellular pertussis (“Tdap”) vaccine received on August 11, 2021, and asserts an injury under section I(C)3 of the Vaccine Injury Table. Amended Petition at preamble, ¶ 19. Petitioner further alleges that the Tdap vaccine was administered in the United States, she has experienced 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). 3 Section I(C) of the Table pertains to shoulder injury related to vaccine administration (“SIRVA”) following a vaccine containing tetanus toxoid. 42 C.F.R. §100.3 (I)(C). Case 1:24-vv-00794-UNJ Document 23 Filed 02/27/25 Page 2 of 2 symptoms in excess of six months, and she has not received compensation in the form of an award or settlement, or filed a civil action prior to this petition, for her vaccine-related injuries. Amended Petition at ¶¶ 17, 20, 22. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 6, 2025, 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. Specifically, Respondent agrees that the records demonstrate that Petitioner’s injury is consistent with SIRVA as defined by the Vaccine Injury Table in that “petitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced ROM [were] limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 6. Respondent further agrees that the records demonstrate that Petitioner has suffered the residual effects of her condition for more than six months and has satisfied all legal prerequisites for compensation under the Vaccine 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-00794-1 Date issued/filed: 2025-04-11 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/12/2025) regarding 26 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00794-UNJ Document 30 Filed 04/11/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0794V MICHAELA STRICKLAND, Chief Special Master Corcoran Petitioner, Filed: March 12, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jubaile Abila, Groth Law Firm, S.C., Brookfield, WI, for Petitioner. Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On May 23, 2024, Michaela Strickland filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), which she amended on January 22, 2025. Petitioner alleges that she “developed left arm pain and disability” due to a tetanus diphtheria acellular pertussis (“Tdap”) vaccine received on August 11, 2021, and asserts an injury under section I(C)3 of the Vaccine Injury Table. Amended Petition at preamble, ¶ 19. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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). 3 Section I(C) of the Table pertains to shoulder injury related to vaccine administration (“SIRVA”) following a vaccine containing tetanus toxoid. 42 C.F.R. §100.3 (I)(C). Case 1:24-vv-00794-UNJ Document 30 Filed 04/11/25 Page 2 of 5 On January 27, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 12, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $40,000.00. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $40,000.00 (in pain and suffering), to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 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 1:24-vv-00794-UNJ Document 30 Filed 04/11/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) MICHAELA STRICKLAND, ) ) Petitioner, ) ) No. 24-794V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On May 23, 2024, Michaela Strickland (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of a tetanus, diphtheria, and acellular pertussis vaccine she received on August 11, 2021. Petition at 1. On January 6, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on January 27, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 14, 20. I. Items of Compensation Respondent proffers that petitioner should be awarded $40,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:24-vv-00794-UNJ Document 30 Filed 04/11/25 Page 4 of 5 II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $40,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. III. Summary of Recommended Payment Following Judgment A lump sum payment to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner in the amount of $40,000.00. Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 Case 1:24-vv-00794-UNJ Document 30 Filed 04/11/25 Page 5 of 5 /s/ Adam N. Muffett ADAM N. MUFFETT Trial Attorney U.S. Department of Justice Torts Branch, Civil Division P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-2895 Adam.muffett@usdoj.gov Date: March 12, 2025 3