# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1740 V
UNPUBLISHED

JENNIFER WOOD

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 24, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for P etitioner.

Debra A. Filteau Begley , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION AWARDING DAMAGES 1

On November 8, 2018

, Jennifer Wood 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 vac cine administration ( “ SIRVA ” ) as a result of a tetanus, diphtheria, ace llular pertussis ( “ Tdap ” )
vaccine administered on January 23, 2017

. Petition at 1

. Petitioner further alleges that her symptoms bega n within 48 hours of vaccination and lasted for more th an six months

. Id

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

On October 26, 2020

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On February 23, 2021

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 50,531.00,

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2

comprised of $50,000.00 for pain and suffering and $531.00 for past unreimbursed medical expenses

. Proffer at 1

- 2

. In the Proffer, R espondent represented that P etitioner agrees with the proffered award. Id. at 2. 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 $ 50,531.00 (comprised of $50,000.00 for pain and suffering and $531.00 for past unreimbursed medical expenses) 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 fil ing of notice renouncing the right to seek review.IN THE UNITED STATES CO URT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

************************************* JENNIFER WOOD, *

* Petitioner, * No. 18-1740V * Chief Special Master Corcoran

v. *

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES , *

* Respondent. *

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 15, 2020, respondent filed a Rule 4( c) Report, concedi ng that petitioner’s

claim meets the Table criteria for a SIRVA in jury. On October 26 2020, the Court issued a

Ruling on Entitlement finding petitioner entitled to compensation under the Vaccine Act.

I. Items of Compensation

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

the following, and requests that the Chief Speci al Master’s decision an d the Court’s judgment

award:

a. a lump sum payment of $50,000.00 , which represents compensation for pain and suffering, see 42 U.S.C. § 300aa-15(a)(4), and

b. a lump sum payment of $531.00 , which represents compensation for past unreimbursed medical expenses, see 42 U.S.C. § 300aa-15(a)(1).

These amounts represent all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa-15(a). 1 Petitioner agrees.

1 Should petitioner die prior to the entry of judgment, the partie s reserve the righ t to move the Court for appropriate relief. In particular, respondent would oppose any award for future pain and suffering.2 II. Form of the Award

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

Respondent recommends that petitioner be awarded a lump sum payment of $50,531.00 , in the

form of a check payable to pe titioner. Petitioner agrees.

Respectfully submitted,

BRIAN M. BOYNTON Acting Assistant Attorney General

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

HEATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director Torts Branch, Civil Division

/s/ DEBRA A. FILTEAU BEGLEY

DEBRA A. FILTEAU BEGLEY Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-4181 Dated: February 23, 2021