# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0748 V

UNPUBLISHED

MELISSA SCHNELL

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 10, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

Petitioner.

Wei Kit Tai

, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On June 23, 2020

, Melissa Schnell 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”), a defined Table injury, after receiving the tetanus, d iphtheria, acellular pertussis vaccine on July 3, 2019. Petition at 1, ¶ 7

. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 27, 2021

, I issued a ruling on entitlement , finding P etitioner entitled to compensation for her SIRVA . On September 10, 2021

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 50,060.00,

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision 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 section references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

representing $ 50,000.00 for her pain and suffering and $60.00 for her past
unreimbursable expen ses

. Proffer at 1

- 2

. In the Proffer, R espondent represented that

P etitioner agrees with the proffered award. Id. at 2. Based on the record as a whole, I find

that P etitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump sum payment of $ 50,060.00 , representing $50,000.00 for her pain and suffering and
$60.00 for her actual unreimbursable expenses in the form of a check payable to

P etitioner

. This amount represents compensation for all damages that w ould be available

under Section 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.THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MELISSA SCHNELL,

Petitioner

,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent

. No. 20

- 748V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On June 23 , 2020

, Melissa Schnell (“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 s he suffered a S houlder I njury R elated to Vaccine Administration

(“SIRVA”)

, as de fined in the Vaccine Injury Table, following administration of an tetanus,

diphtheria, and pertussis (“Tdap”) vaccine s he received on July 3, 2019

.

On August 27 , 2021 , the Secretary of Health and Human Services (“respondent”) filed a

Rule 4(c) Report ind icating that this case is appropriate for compensation under the terms of the

Act for a SIRVA Table injury . ECF No. 21

. On August 27 , 2021 , the Chief Special Master

issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 22

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $50,0 00.00 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 s he incurred past unreimbursable

expenses related to his vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the amount of $60.00

. See 42 U.S.C. § 300aa

15(a)(1)(B). Petitioner agrees.

These amoun ts 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 recommend s 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 following 1 : a lump sum payment of $ 50,060.00

, in the form of a

check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum p a ya ble to petitioner, Melissa Schnell : $ 50,060.00

Respectfully submitted,

BRIAN M. BOYNTON
Acting Assistant Attorney General

C. SALVATORE D’ ALESSIO
Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN
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 LARA A. ENGLUND

Assistant Director

Torts Branch, Civil Division

s/ Wei Kit (Ricky) Tai

WEI KIT (RICKY) TAI
Trial Attorney

Torts Branch, Civil Division
U.S. Department of Justice

P.O. Box 146

Ben Franklin Station
Washington, D.C. 20044

- 0146
Direct dial: (202) 598

- 7705
Wei.Tai@usdoj.gov

D ated: September 10 , 2021