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UNPUBLISHED 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”) Vaccination; Shoulder Injury 

SECRETARY OF HEALTH * Related to Vaccine Administration 

AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit 

 * (“SPU”) 

 Respondent. * 

 * 

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

Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. 

Kathryn Ann Robinette, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On August 31, 2016, 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”). 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”) vaccination. Petition at 1. The case was assigned to the 

Special Processing Unit of the Office of Special Masters. 

On October 25, 2016, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for SIRVA. On December 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 represented 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 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

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 $75,000.00 in the form of a check payable to 

petitioner, Heather Sturtze. This amount represents 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.
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

HEATHER STURTZE, 

Petitioner,

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent. 

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No. 16-1089V 

Chief Special Master Dorsey

ECF

PROFFER ON AWARD OF COMPENSATION 

On October 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