# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1 1 65 V

UNPUBLISHED

HOLLY REYNOLDS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: May 11, 2022

Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder
Injury Related to Vaccine Administration (SIRVA)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Alexa Roggenkamp , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On September 9, 2020

, Holly Reynolds filed a petiti on for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq. 2 (the “Vaccine Act”). Petitioner alleg es that s he suffered a lef t shoulder injury related to vaccine administration (“SIRVA”), a defined Table Injury , after receiving the tetanus, diphtheria, and pertussis (“ Tdap ”) vaccine on Octo ber 24, 2018 . Petition at 1, ¶ 2

. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On December 20, 2021

, a ruling on entitlement was issued , finding P etitioner
entitled to compensation for her SIRVA . On May 4, 2022

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 100

, 359.4 0

, representing compensation in the amount of $100 ,000.00 for her actual pain and

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 D ecision 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 s ection references to the Vaccine Act will be to the per tinent subpara graph of 42 U.S.C. §
300aa (2012 ).2

suffering

, $264.00 for her past unreimbursable expenses, and $ 95.40 for satisfaction of

the State o f Oregon Medicaid lien

. Proffer at 1

- 2

. In the Proffer, R espondent represented

that P etitioner agrees with the proffered a ward. Id. Based on the record as a whole, I find

that P etitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer

, I award $ 100,359.40 as

follows:

1. A lump sum payment of $ 100,264 .00 , representing $100,000.00 for her actual pain and suffering and $264.00 for her actual unreimbursable expenses in
the form of a check payable to Petitioner ; and

2. A lump sum payment of $ 95.40 , representing reimbursement of a Medicaid

lien for services rendered to Pe titioner by the State of Oregon , in the form
of a check payable jointly to Petitioner and t o:

O DHS/Personal Injury Liens

# 503109

PO Bo x 14512

S alem , OR 97 309

Proffer at 2

- 3

. Petitioner agrees to endorse the check to Personal Injury Liens Unit (PIL)

f or satisfaction of the Medicaid lien

. This amount represents compensation for all items of damages that would be available under Section 15(a)

. Id

.

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

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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

HOLLY REYNOLDS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 20

- 1165V

Chief Special Master Corcoran

ECF

RESPONDENT’S REVISED PROFFER ON AWARD OF COMPENSATION

On September 9, 2020, Holly Reynolds (“petitioner”), filed a Petition for compensation

under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or

“the Act”), 42 U.S.C. §§ 300aa

- 1 to

- 34 , alleging that she suffered a shoulder injury related to

vaccine administration (“SIRVA”) in her left shoulder as a result of a Tetanus, Diphtheria, and

Acellular Pertussis (“Tdap”) vaccine adm inistered on October 24, 2018. Petition (“Pet.”) at 1.

On December 17, 2021 , 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,

and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to

compensat ion on December 20, 2021 . ECF No. 26; ECF No. 28

.

I. Items of Compensation

A. Pain and Suffering

Respond ent proffers that Holly Reynolds should be awarded $ 100,000.00 in actual pain

and suffering. See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past, Unreimbursible Expenses

Evidence supplied by petitioner documents that she incurred past unreimbursable

expenses related to her vaccine

- related injury. Respondent proff ers that petitioner should be

awarded $264.00 in past, unreimbursible expenses. See 42 U.S.C. § 300aa

- 15(a)(1)(B).

Petitioner agrees.

C. Medicaid Lien

Respondent proffers that petitioner should be awarded funds to satisfy a State of Oregon

Medicaid lien in the amount of $ 95.40 , which represents full satisfaction of any right of

subrogation, assignment, claim, lien, or cause of action the State of Oregon may have against any

individual as a result of any Medicaid payments the State of Oregon has made to or on behalf of

petitioner from the date of her eligibility for benefits through the date of judgment in this case as

a result of her alleged vaccine

- related injury suffered on or about October 24, 2018

, under Title

XIX of the Social Security Act.

The above amounts represent all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

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 be made through two

lump sum payments as described below:

1) A lump sum payment of $ 100,264.00 in the form of a check payable to

petitioner. 1

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.3 2) A lump sum payment of $ 95.40 , representing compensat ion for satisfaction of the

State of Oregon Medicaid lien, payable jointly to petitioner and to:

ODHS/Personal Injury Liens

# 503109

PO Box 14512

Salem, OR 97309

Petitioner agrees to endorse this payment to Personal Injury Liens Unit (PIL) for

satisfaction of the Medicaid lien.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO
Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN
Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/s/ Alexa Roggenkamp

ALEXA ROGGENKAMP

Tri al Attorney

Torts Branch, Civil Division
U.S. Department of Justice

P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044

- 0146
(202) 616

- 4179

alexa.roggenkamp@usdoj.gov

DATED: M ay 4, 2022