United States Court of Federal Claims, 2021

Ortiz v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided May 24, 2021 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 19-0917V UNPUBLISHED

ROSA ORTIZ, Chief Special Master Corcoran

Petitioner, Filed: April 22, 2021 v.

Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap)

Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA)

Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On June 24, 2019, Rosa Ortiz filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (

). Petitioner alleges that she suffered a left shoulder injury related to vaccine administration ( SIRVA ) as a result of a Tetanus Diphtheria acellular Pertussis ( Tdap ) vaccine received on October 2, 2017. Petition at 1; Stipulation, filed April 21, 2021, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1, 5; Stipulation at ¶¶ 3-5. that petitioner sustained a SIRVA Table injury, denies that petitioner s alleged shoulder injury was caused-in-fact by the Tdap vaccine, and denies that the Tdap vaccine caused petitioner any other injury or her current condition.

Nevertheless, on April 21, 2021, 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 $81,200.00 (for pain and suffering and past unreimbursable medical expenses) 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 Section 15(a). Id. I approve the requested amount for P 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. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master g of notice renouncing the right to seek review.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required 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). 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 graph of 42 U.S.C. § 300aa (2012).

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