# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16 -1088V

Filed: June 20, 2017

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

PAULINE ZAND, *

*

Petitioner, *

* Damages Decision Based on Proffer;

v. * Tetanus Vaccine; Shoulder Injury

* Related to Vaccine Administration;

SECRETARY OF HEALTH * SIRVA; Special Processing Unit; SPU

AND HUMAN SERVICES, *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Diana Stadelnikas, Maglio, Christopher and Toale, PA (FL), Sarasota, FL

, for petitioner.

Christine Becer

, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On August 31, 2016

, Pauline Zand (“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” or “Program”) . Petitioner alleged that s he suffered a shoulder

injury casually related to the tetanus vaccine she received on November 11, 2013.

Petition at ¶¶ 1, 7. Petition at ¶¶ 2, 14. The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On December 2, 2016, the undersigned issued a ruling on entitlement, finding

petitioner entitled to compensation. (ECF No. 10)

. On June 20, 2017, respondent filed

a proffer on a ward of compensation (“Proffer”) indicating petitioner should be awarded

$133,052. 00 . Proffer at 1. In the Proffer, respondent represented that petitioner agrees

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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).2

with the proffered award. Id. Based on the record as a whole, the undersigned finds

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

Pursuant to the terms stated in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $133,052.00 in the form of a check payable to

petitioner, Pauline Zand

. Th is amount represent s compensation for all damages that

would be available under § 300aa

- 15(a).

The clerk of the court is directed to enter judgment in accordance with this

decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

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

____________________________________ )

PAULINE ZAND

, )

)

Petitioner, )

) No. 16

- 1088 V

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

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

$ 133,052.00 which represents all elements of compensation to which petitioner would be entitled

under 42 U.S.C. § 300aa

- 15(a). 1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment of $ 133,052.00 in the form of a c heck payable to petitioner.

Petitioner agrees.

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

for appropriate relief. In particul ar, respondent would oppose any award for future medical

e xpenses , future lost earnings, and future pain and suffering

.2 Respectfully submitted,

CHAD A. READLER

Acting Assistant Attorn ey General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

G ABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

s/Christine Mary Becer

CHRISTINE MARY BECER

Trial 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

- 3665

Date: J une 20, 2017