# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-283V

Filed: November 20, 2015

Unpublished

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

RITA GLYNN, *

*

Petitioner, * Damages Decision Based on Proffer;

* Tetanus-Diphtheria-acellular Pertussis

* (“Tdap”) Vacci ne; Shoulder Injury

SECRETARY OF HEALTH * Relat ed to Vaccine Administration

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

Respondent. * (“SPU”)

*

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

Randall G. Knutson, Knutson and Casey Law Firm, Mank ato, MN, for petitioner.

Jennifer Reynaud, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On March 19, 2015, petitioner, Rita Glynn, filed a petition fo r compensation under

the National Vaccine Injury Compens ation Program, 42 U.S.C. §300aa-10, et seq.

, 2 [the

“Vaccine Act” or “Progr am”]. Petitioner alleges that as a result of a tetanus-diphtheriaacellular pertussis [“Tdap”] vaccination on Apr il 30, 2012, she suffered brachial neuritis,

an impingement syndrome, and fr ozen shoulder. Petition at 1. The case was assigned

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

On June 1, 2015, a ruling on entitlement wa s issued, finding petitioner entitled to

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

November 20, 2015, 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 petit ioner agrees with the proffe red award. Based on the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 Cour t of Federal Claims' website, in accordance with

the E-Government Act of 2002, Pub. L. No. 107-3 47, § 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 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 record as a whole, the undersigned 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, Rita Glynn. This amount represents compens ation for all damages that

would be available un der § 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

RITA GLYNN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 1 5

- 283 V

Chief Special Master Dorsey

ECF

PROFFER ON AWARD OF COMPENSATION

O n March 19, 2015

, Rita Glynn (“petitioner”) filed a petition for compensation (“Petition”)

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34 (“Vaccine

Act” or “Act”), as amended. The Petition all e ges that petitioner received a tetanus

- diphtheria

acellular pertussis (“ Tdap ”) vaccine in her left shoulder on April 30, 2012 , and subsequently

suffered brachial neuritis, impingement syndrome, and frozen shoulder, as a result of the

vaccination. Respondent’s Rule 4(c) Report, filed on June 1, 2015, conceded that petitioner is

entitled to compensation in this case because her a lleged injury is consistent with a shoulder injury

related to vac cine administration (“SIR VA”), n o other cause for her condition has been identified,

and she has suffered t he residual effects of her c ondition for more than six months

. In light of

respondent’s concession, on June 21, 2015, the Chief Special Master found petitioner entitled to

c ompensation.

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). Petitioner agrees.

Case 1:15-vv-00283-UNJ Document 21 Filed 11/20/15 Page 1 of 22 II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

t hrough a lu mp sum payment of $75 ,000.00 in the form of a check payable to petitioner. 1

Petitioner agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

LYNN E. RICCIARDELLA

Senior Tr ial Attorney

Torts Branch, Civil Division

s/ Jennifer L. Reynaud

JENNIFER L. REYNAUD

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) 305

- 1586

Date: N ovember 20 , 2015

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 pain and suffering, and future lost wages.

Case 1:15-vv-00283-UNJ Document 21 Filed 11/20/15 Page 2 of 2