# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0593 V
UNPUBLISHED

ANGELA KALAIL,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 22, 2022

Special Processing Unit (SPU); Damages Decision based on Proffer ; Tetanus

- Diphtheria

- Acellular Pertussis (Tdap) Vaccine ; Shoulde r Injury Related to Vaccine Administration (SIRVA)

.

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA

, for Petitioner.

Ryan Daniel Pyles , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON DAMAGES 1

On May 12, 2020

, Angela Kalail 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 that as a result of a tetanus

- diphtheria

- acellular pertussis (“Tdap”) vaccine received in her right deltoid on October 31, 2018, she suffered a shoulder injury related to vaccine administration (“SIRVA”) . Petition at 1

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

1 Because this unpublished opinion contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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) (Fed eral Management and Promotion of Electronic Government Services). This means the opinion 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

On August 8, 2022

, a ruling on entitlement wa s issued, finding P etitioner entitled to compensation for SIRVA . On August 19, 2022

, R espondent filed a proffer on award of compensation

. Proffer at 1

- 2. In the Proffer, R espondent represented that P etitioner 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 $ 156,150.68 (representing $ 1 50 ,00 0.00 for actual and projected pain and suffering at ne t present value , $ 3,681.45 for past unreimburs e d expenses , and $2,4 69.23 for after

- tax net loss of earnings ) in the form of a check payable to

P etitioner

. This amount represents compensation for all damages t hat w ould be available under Section 15(a)

.

The Clerk of 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

ANGELA KALAIL,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. No. 20-593V Chief Special Master Brian H. Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On August 4, 2022, respondent filed his Rule 4(c) Report, recommending that the Court

find petitioner entitled to compensation specifica lly for a shoulder injury related to vaccine

administration (SIRVA) and rela ted sequelae, regarding which petitioner is entitled to a

presumption of causation under the Vaccine Inju ry Table. ECF No. 44. The Court found

petitioner entitled to compensa tion accordingly in an Augus t 8, 2022 Ruling on Entitlement.

ECF No. 45. Respondent now proffers that petitioner be awarded a lump sum of $156,150.68 , in

the form of a check payable to petiti oner, for all damages available pursuan t to 42 U.S.C.

§ 300aa-15(a). 1 Of this total amount, $150,000.00 represents an award for actual and projected

pain and suffering at net present value; $3,681.45 represents an award for past unreimbursed

expenses; and $2,469.23 represents an after-tax net loss of earnings . Petitioner is a competent

adult, and accordingly, guardianship documentation is not required.

1 Should petitioner die prior to en try of judgment, the pa rties reserve the right to move the Court for appropriate relief. In particular, res pondent would oppose any award for future medical expenses, future pain and sufferi ng, and future lost wages.Petitioner has reviewed the foregoing and conc urs. Petitioner agrees with the proffered

award of $156,150.68

. 2

Respectfully submitted,

BRIAN M. BOYNTON Principal Deputy Assistant Attorney General

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

HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director Torts Branch, Civil Division

s/ RYAN D. PYLES

RYAN D. PYLES Senior 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) 616-9847 ryan.pyles@usdoj.gov

Dated: August 19, 2022

2 This proffer does not include any award for at torneys’ fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-15(e).