# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-282V Filed: October 21, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * GRETCHEN KOKOTOVICH, *

* Petitioner, * Damages Decision Based on Proffer; v. * Tetanus-diphtheria-acellular Pertussis * (“Tdap”) Vaccinat ion; Shoulder Injury

SECRETARY OF HEALTH * Rela ted to Vaccine Administration AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit * (“SPU”) Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Alice Isabel Legat Tayman, U.S. Departmen t of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On February 29, 2016, petitioner fil ed a petition for co mpensation under the National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that all eges that she suffered a shoulder injury that was caused in fact by her April 3, 2015 Tetanus-diphtheria-acellular pertussis

vaccination. Petition at 1. The case was a ssigned to the Special Processing Unit of the Office of Special Masters.

On October 5, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation for a shoulder injury relate d to vaccine administration (“SIRVA”). On October 19, 2016, respondent filed a proffe r on award of compensation (“Proffer”)

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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. 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 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 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 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, Gretchen Kokotovich. This amount represents compensation for all damages that would be ava ilable 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 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

GRETCHEN KOKOTOVICH, )
)
Petitioner, ) No. 16

- 282 V
) Chief Sp e cial Master Nora Beth Dorsey

v. )
) ECF

SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
) Respondent. )
)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items :

On October 5, 2016, the Chief Special Master issued a Ruling on Entitlement finding t hat

petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine

Administration (“SIRVA”). Respondent proffers that based on the evidence of record,

p etitioner should be awarded $ 75, 000.00. This amount represents all element s of

compensation to which petitioner would be enti tled under 42 U.S.C. § 300aa

- 15(a)

.

Petitioner agrees.

II. Form of the Award :

The parties recommend that the compensation provided to Gretchen Kokotovich

should be made through a lump sum payment as described below, and request that the

special master’s decision and the Court’s judgment award the following: 1

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

, Gretchen Kokotovich . This amount accounts for all elements of com pensation under
42 U.S.C. § 300aa

- 15(a) to which petitioner would be entitled.

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

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 and future pain and suffering.2 Respectfully submitted,

BENJAMIN C. MIZER Principal Deputy Assistant Attorney Ge neral

C. SALVATORE D’ALESSIO Acting Director
Torts Branch, Civil Division

C ATHARINE E. REEVES Acting Deputy Director
Torts Branch, Civil Division

ALTHEA DAVIS

Senior Trial Counsel
Torts Branch, Civil Division

/s/Alice Tayman

ALICE TAYMAN

Trial Attorney
Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, DC 20044

- 0146 Tel: (202) 616

- 4055

Dated : October 17, 2016