# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 1050 V

Filed: January 12, 2015

Not For Publication

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

AMY FOGG, *

*

Petitioner, * Damages Decision Based on Proffer;

v. * Tdap; Shoulder Injury Related to

* Vaccine Administration (SIRVA)

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Paul Brazil , Muller Brazil, LLP, Philadelphia, PA

, for petitioner.

Lara Ann Englund , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Vowell

, Chief Special Master:

On October 28 , 2014

, Amy Fogg 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”]

. The petition alleges that Ms. Fogg suffered a left shoulder

injury as a result of the administration of a tetanus, diphtheria, and pertussis (“ Tdap”)

vaccination on February 12

, 2014

. ( Petition at p. 1

. )

On January 12, 2015

, I issued a ruling on entitlement, finding petiti oner entitled to

compensation. ( See Ruling on Entitlement (ECF No. 1 5 ).) Also o n January 12 , 2015

, respondent filed a proffer on award of compensation (“Proffer”) detailing compensation

for all elements of compensation to which petitioner would be entitled under § 300aa

15(a)(1);

- 15(a)(3)(A); and

- 15(a)(4)

. According to responden t’s Proffer, petitioner

1 Because this unpublished decision contains a reasoned explanation for the action in this case , it will be

posted on the United States Court of Federal Claims' website, in accordance with the E

- Government Act

of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with Vaccine Rule

18(b), petitioners have 14 days to identify and move to redact medical or other information, the disclosure

of whic h 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 cita tion, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2006).agrees to the proposed award of compensation. Pursuant to the terms stated in the

attached Proffer, I award petitioner:

A lump sum pa yment of $120,000.00 in the form of a check paya ble to

petitioner, Amy Fogg.

This 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/Denise K. Vowell

Denise K. Vowell

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice

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

OFFICE OF SPECIAL MASTERS

AMY FOGG, )

)

Petitioner, )

)

v. ) No. 14

- 1050 V

) Chief Special Master Denise Vowell

)

HEALTH AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT ’ S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded

$ 120,000 .00 . This amount represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa

- 15(a)(1);

- 15(a)(3)( A ); and

- 15(a)(4). Petitioner agrees.

II. Form of the Award

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

lump sum payment of $ 120,000 .00 , in the form of a check payable to petitioner. 1 Petitioner is a

competent adult. Evidence of guardianship is not required i n this case. This amount accounts

for all elements of compensation under 42 U.S.C. § 300aa

- 15(a) to which petitioner would be

entitled.

Respectfully submitted,

JOYCE R. BRANDA

Acting Assistant Attorney General

1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future

medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the

right to move the Court for appropriate relief. Case 1:14-vv-01050-UNJ Document 14 Filed 01/12/15 Page 1 of 2RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

LINDA RENZI

Senior Trial Counsel

Torts Branch, Civil Division

s/ LARA A. ENGLUND

LARA A. ENGLUND

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) 307

- 3013

E

- mail: lara.a.englund@usdoj.gov

Dated: January 1 2 , 2015

2 Case 1:14-vv-01050-UNJ Document 14 Filed 01/12/15 Page 2 of 2