# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1926 V
UNPUBLISHED

JANNICA PARASCHIV

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: July 23, 2020

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

Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA , for petitioner.

Christine Mary Becer

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

DECISION AWARDING DAMAGES 1

On December 17, 2018

, Jannica Paraschiv 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 alleges that she suffered a shoulder injury related to vaccine administration ( “ SIRVA ” ) as a result of a tetanus

- diphtheria

- acellular pertussis ( “ Tdap ” ) vaccine ad ministered on March 24, 2017

. Petition at 1

. The case

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

On February 7, 2020

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for her SIRVA . On July 22, 2020

, R espondent filed a p roffer

on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 91,847.23

. Proffer at 2

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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 pe rtinent subparagraph of 42 U.S.C. § 300aa (2012).2

with the proffered award. Id. at 1

- 2. 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 $ 91,847.23 (represent ing compensation in the amount of $90,000.00 for pain and suffering and $1,847.23 for 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. 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

____________________________________ ) JANNICA PARASCHIV, ) ) Petitioner, ) ) No. 18-1926V v. ) Chief Special Master Corcoran ) ECF

SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On December 17, 2018, Jannica Paraschiv (“petitioner”) filed a petition for compensa tion

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34

(“Vaccine Act” or “Act”) , alleging that she suffered a Shoulder Injury R elated to Vaccine

Administration (“SIRVA”) , as defined in the Vaccine Injury Table, following administration of a

tetanus -diphtheria-acellular pertussis (“Tdap”) vaccine on March 24, 2017. Petition at 1. On

January 31, 2020 , 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 for a

SIRVA Table injury, and on February 7 , 2020, the Chief Special Master issued a Ruling on

Entitlement finding petitioner entit led to compensation. ECF No. 25; ECF No. 26.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $90,000.00 in pain and suffering.

See 42 U.S.C. § 300aa- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that she incurred past unreimbursable

expenses related to her vaccine -related injury. Respondent proffers that petitioner should be

awarded past unreimbur sable expenses in the amount o f $1,847.23. See 42 U.S.C. § 300aa15(a)(1)(B). Petitioner agrees.

These amounts represent a ll elements of compensation to which petitioner is 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 should be made through a

lump sum payment as described below and requests that the Chief Special Master’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $91,847.23, in the form of a

check paya ble to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Jannica Paraschiv : $91,847.23

Respectfully submitted,

ETHAN P. DAVIS Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division

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 su ffering.3 DARRYL R. WISHARD

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

DATED: July 22, 2020