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UNPUBLISHED 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”) Vaccination; Shoulder Injury 

SECRETARY OF HEALTH * Related 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. Department of Justice, Washington, DC, for 

respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On February 29, 2016, petitioner 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 alleges 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 assigned 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 related to vaccine administration (“SIRVA”). On 

October 19, 2016, respondent filed a proffer 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 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). 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, the 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 Act 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 petitioner agrees with the proffered 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 stated 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 available 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 can 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. 16-282V

) Chief Special 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 that 

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

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

petitioner should be awarded $75,000.00. This amount represents all elements of 

compensation to which petitioner would be entitled 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 compensation 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 General 

C. SALVATORE D’ALESSIO

Acting Director 

Torts Branch, Civil Division

CATHARINE 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