In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-911V

Filed: March 23, 2015

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

JANETTE COLE, *

*

Petitioner, * Damages Decision Based on Proffer;

* Tetanus Diphtheria acellular Pertussis

* (Tdap) Vaccine; Shoulder Injury Related 

SECRETARY OF HEALTH * to Vaccine Administration; SIRVA;

AND HUMAN SERVICES, * Special Processing Unit

*

Respondent. *

*

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

Paul R. Brazil, Esq., Muller Brazil, LLP, Philadelphia, PA for petitioner.

Alexis Babcock, Esq., U.S. Department of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master:

On September 26, 2014, Janette Cole 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”]. Petitioner alleges that she “suffered shoulder injuries 

which were caused in fact” by the Tetanus diphtheria acellular pertussis [“Tdap”] 

vaccination she received on December 27, 2013. Petition at 1. The case was assigned 

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

On March 11, 2015, I issued a ruling on entitlement, finding petitioner entitled to 

compensation for her shoulder injury related to vaccine administration [“SIRVA”]. On 

March 23, 2015, respondent filed a proffer on award of compensation [“Proffer”]

indicating 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post it on the United States Court of Federal Claims' website, in accordance with the E-Government 

Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 

note (2006)). 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 (2006).
2

Proffer at 1. Respondent also avers that petitioner is a competent adult, proof of 

guardianship is not required, and petitioner agrees to this proposed amount. Id.

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

sum payment of $75,000.00 in the form of a check payable to petitioner, Janette 

Cole. 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

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

__________________________________________

)

JANETTE COLE, )

)

Petitioner, )

) No. 14-911V

v. ) Chief Special Master Vowell

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER OF DAMAGES

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 with this amount.

II. Form of the Award

The parties recommend 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 is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

BENJAMIN C. MIZER

Acting Assistant Attorney General

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 medical 

expenses, future lost earnings, and future pain and suffering.

1

 

Case 1:14-vv-00911-UNJ Document 19 Filed 03/23/15 Page 1 of 2
RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

LYNN E. RICCIARDELLA

Senior Trial Attorney

Torts Branch, Civil Division

/s/ Alexis B. Babcock

ALEXIS B. BABCOCK

Senior 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) 616-7678

Dated: March 23, 2015

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