In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1926V

UNPUBLISHED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 DAMAGES1

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 administered 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 Petitioner 

entitled to compensation for her SIRVA. On July 22, 2020, Respondent filed a proffer 

on award of compensation (“Proffer”) indicating Petitioner should be awarded 

$91,847.23. Proffer at 2. In the Proffer, Respondent represented that Petitioner 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 EGovernment 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).
2

with the proffered award. Id. at 1-2. Based on the record as a whole, I find that 

Petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump 

sum payment of $91,847.23 (representing 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 Petitioner. This amount represents 

compensation for all damages that would 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 compensation 

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 Related 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 entitled 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 unreimbursable expenses in the amount of $1,847.23. See 42 U.S.C. § 300aa15(a)(1)(B). Petitioner agrees.

These amounts represent all 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 following1

: a lump sum payment of $91,847.23, in the form of a 

check payable 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 suffering.
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