# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1582 V

UNPUBLISHED

CAROL A. ALLEN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: March 25, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Tetanus Diphtheria acellular

Pertussis (Tdap) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Howard Scott Gold, Gold La w Firm , LLC, Wellesley H ills, M A , for petitioner.

Darryl R. Wishard , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On October 11, 2018

, Carol A. Allen 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 a tetanus

- diphtheria

- acellular pertussis ( “ Tda p ” )

vaccine on February 14,2017

. Petition at 1 . The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On February 20, 2020

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for a SIRVA . On March 24, 2020

, R espondent filed a p roffer

on a ward of compensation (“Proffer”) indicating P etitioner should be awarded

$ 155,000.00

. Proffer at 1

. In the Proffer, R espondent represented that P etitioner

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 decision 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 o f 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 (2012).2 agrees with the proffered award. Id. 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 $ 155,000.00 in the form of a check payable to P etitioner

. This

amount represents compensation for all damages that w ould be available under § 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________ )

CAROL A. ALLEN, )

)

Petitioner, ) No. 18

- 1582V ECF

)

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

___________________________________ )

PROFFER ON AWARD OF COMPENSATION 1

I. Procedural History

On October 11, 2018, Carol A. Allen (“petitioner”) filed a petition for compensation

(“p etition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

-

34, as amended . She alleges that, as a result of receiving the tetanus

- diphtheria

- acellular

pertussis (“Tdap”) vaccine on February 14, 2017, she suffered from a left shoulder injury related

to vaccine administration (“ SIRVA”). See Petition. On February 20, 2020, respondent filed his

Vaccine Rule 4(c) report, conceding a Table injury for SIRVA

. On that same day, Chief Special

Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to

compensation for SIRVA

.

I I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded

a lump sum of $ 155,000.00 for pain and suffering damages. This amount represents all elements

1 This Proffer does not include attorneys’ fees and costs, which the parties intend to

address after the Damages Decision is issued.2 of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner

agrees.

I II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $ 155,000.00

, in the form of a check payable to petitioner

. 2

Petitioner agrees.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. S ALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

/s/Darryl R. Wishard

DARRYL R. WISHARD

Senior Trial Attorney

Torts Branch, Civil Division

U. S. Department of Justice

P.O. Box l46, Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Direct dial: (202) 616

- 4357

Dated: March 24 , 2020 Fax: (202) 616

- 4310

2 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.