# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0970 V

UNPUBLISHED

NORA DEMPSEY

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: May 27, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Tetanus Diphtheria acellular

Pertussis (Tdap) Vaccine; Shoulder

Inju ry Related to Vaccine

Administration (SIRVA)

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA , for P etitioner.

Claudia Barnes Gangi

, U.S. Department of Justice, Washington, DC, for R espondent.

DECISION AWARDING DAMAGES 1

On July 6, 2018

, Nora Dempsey filed a petition f or compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq. 2 (the

“Vaccine Act”) . Petitioner alleges that she suffered a shoulder injury related to vaccine

administration ( “ SIRVA ” ) as a result of a tetanus vaccination admin istered to her on

February 21, 2017

. Petition at 1

. 3 The case was assigned to the Special Processing Unit

of the Office of Special Masters.

On March 22, 2021

, a ruling on entitlement was issued , finding P etitioner entitled

to compensation for SIRVA . On May 25, 2021

, R espondent filed a p roffer on a ward of

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa

(2012).

3 Petitioner filed an amended petition on December 23, 2019 to allege causation

- in

- fact in addition to her

Tab le claim. ECF No. 29.2

compensation (“Proffer”) indicating P etitioner should be awarded $ 74,821.36 (comprised

of $72,500.0 0 in pain and suffering

, and $2,321.36 in past unreimbursa bl e expenses)

. Proffer at 1

- 2

. In the Proffer, R espondent represented that P etitioner agrees with the

proffered award. 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 P etitioner a lump

sum payment of $ 74,821.36 (comprised of $72,500.00 in pain and suffering

, and

$2,321.36) in past unreimbursable expenses) in the form of a check payable to

P etitioner

. This amount represents compensation for all damages that w ould be available

under § 15 (a)

.

The clerk of the 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 fil ing of notice

renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

)

NORA DEMPSEY

, )

)

Petitioner, )

) No. 1 8

- 970 V

v. ) Chief Special Master Corcoran

) (ECF)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

)

PROFFER ON AWARD OF COMPENSATION

On July 6, 2018, Nora Dempsey ( petitioner ) f iled a petition for compensation under the

National Childhood Vaccine Injury Act of 1986, as amended

, 42 U.S.C. §§ 300aa

- 1 to

- 34,

alleging that she sustained a Table left shoulder injury related to vaccine administration (SIRVA)

from the flu vaccine a dministered to her on January 25, 2018. ECF No. 1. On July 6, 2019,

respondent filed a Rule 4(c) Report seeking dismissal of the petition. ECF No. 19. On Febru ary

17, 2021, the Court issued Findings of Fact (ECF No. 35), and o n March 18 , 2021 , respondent

filed a n Amended Rule 4(c) Report, stating that based on the record as it now stands and subject

to his right to appeal the Findings of Fact , respondent does not dispute that petitioner has

satisfied all legal prerequisites for compensation under the Act. ECF No. 36. On March 22

,

2021 , the Court issued a Ruling on Entitlement, finding that petitioner is entitled to

compensation. ECF No. 2 7

.

I. Items of Compensa tion

Based upon the evidence of record, respondent proffers that petitioner should be awarded

$ 74,821.36

, comprised of $72, 5 00.00 in pain and suffering, and $2,321.36 in well

- documentedpast unreimbursable expenses. This award represents all elements of c ompensation to which

petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a). 1 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 p rovided to petitioner should be made through a

lump sum payment of $ 74,821.36 , in the form of a check payable to petitioner. Petitioner agrees.

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

/s/ Claudia B. Gangi

CLAUDIA B. GANGI

Senior T rial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel.: (202) 616

- 4138

Email: claudia.gangi@usdoj.gov

Dated: May 2 5

, 2021

1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the

Court for appropriate relief. In particular, respondent would oppose any award for future pain

and suffering

.