# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 16-1089V Filed: December 15, 2016
UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * HEATHER STURTZE, *
* Petitioner, * Damages Decision Based on Proffer; v. * Tetanus-Diphtheria-Acellular Pertussis * (“Tdap”) Vaccinat ion; Shoulder Injury
SECRETARY OF HEALTH * Relat ed to Vaccine Administration AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit * (“SPU”) Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beve rly Hills, CA, for petitioner. Kathryn Ann Robinette, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On August 31, 2016, petitioner filed a petition for compensation under the National Vaccine Injury Compensat ion 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 her September 16, 2015 tetanus-diphtheriaacellular pertussis (“Tdap”) va ccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 25, 2016, a ru ling on entitlement was i ssued, finding petitioner entitled to compensation for SIRVA. On De cember 14, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $75,000.00. Proffer at 1. In the Proffer, respondent repr esented that petitioner agrees with the proffered award.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he 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 Based on the record as a whole, the under signed finds that petitioner is entitled
to an award as stated in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, the undersigned awards petitioner a lump sum payment of $75,000. 00 in the form of a check payable to petitioner, Heather Sturtze. This amount represents co mpensation for all damages
that would be availabl e 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 c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

HEATHER STURTZE

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No . 16-1089V Chief Special Master Dorsey
ECF

PROFFER ON AWARD OF COMPENSATION

On O ctober 25, 2016, the Chief Special Master issued a Ruling on Entitlement finding

that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine

Administration (“SIRVA”).

I. Items of Compensation

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

$75,000.00, 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

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $75,000.00, in the form of a check payable to petitioner.

Petitioner agrees.

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 medical expenses, future lost earnings, and future pain and suffering.2 Respectfully submitted,

BENJAMIN C. MIZER Principal Deputy Assistant Attorney General

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

CATHARINE E. REEVES Acting Deputy Director Torts Branch, Civil Division

LINDA RENZI
Senior Trial Counsel Torts Branch, Civil Division

/s/ Kathryn A. Robinette
KATHRYN A. ROBINETTE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-3661
Dated: December 14, 2016 Fax: (202) 616-4310