United States Court of Federal Claims, 2017

Carrozza v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided December 8, 2017 · Nora Beth Dorsey

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 16-474V Filed: April 18, 2017 UNPUBLISHED

**************************** TRACY E. CARROZZA, *

Petitioner, * Joint Stipulation on Damages; v. * Tetanus, Diphtheria, and Acellular

* Pertussis (“Tdap”) Vaccine; Shoulder SECRETARY OF HEALTH * Injury Related to Vaccine Administration AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit

* (“SPU”)

Respondent. *

**************************** Leah Durant, Law Offices of Leah Durant, PLLC, Washington, DC, for petitioner. Lynn Ricciardella, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On April 14, 2016, 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 alleged that she suffered severe shoulder pain after receiving the tetanus vaccine3 on July 24, 2015. Petition at 1, ¶¶ 1-3, 12; see also Stipulation, filed Apr. 17, 2017, at ¶¶ 1-2, 4. Petitioner further alleged that she received the vaccination in the United States, suffered the effects of her injury for more than six months, and has not received compensation for her injury, alleged as vaccine caused. Petition at ¶¶ 2, 13-14; see also Stipulation at ¶¶ 4-5. “Respondent denies that the Tdap vaccine caused petitioner to suffer from SIRVA, or any other injury, and denies that petitioner’s current disabilities are sequelae of a vaccine-related injury.” Stipulation at ¶ 6.

Nevertheless, on April 17, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation:

A lump sum of $170,000.00 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 42 U.S.C. § 300aa-15(a). Id. The undersigned approves the requested amount for petitioner’s compensation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey 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.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 3 Petitioner’s proof of vaccination shows she received an intramuscular injection of the Boostrix vaccine in her left deltoid. Petitioner’s Exhibit 1. Boostrix is a tetanus, diphtheria, acellular pertussis vaccine manufactured by GlaxoSmithKline Biologicals. See https://www.fda.gov/BiologicsBloodVaccines/Vaccines/ApprovedProducts/ucm172925.htm (last visited on Apr. 18, 2017).

Case-law data current through September 30, 2026. Source: CourtListener bulk data.