In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-586V 

Filed: November 23, 2016 

UNPUBLISHED 

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

NANCY TYREE, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

v. * Tetanus-Diphtheria-Acellular Pertussis 

 * (“Tdap”); Shoulder Injury Related to 

SECRETARY OF HEALTH * Vaccine Administration (“SIRVA”); 

AND HUMAN SERVICES, * Special Processing Unit (“SPU”) 

 * 

 Respondent. * 

 * 

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

Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. 

Adriana Teitel, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On May 17, 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 she suffered a shoulder injury related to vaccine 

administration (“SIRVA”) following a July 3, 2015 tetanus-diphtheria-acellular pertussis 

(“Tdap”) vaccine. Petition at 1. The case was assigned to the Special Processing Unit 

of the Office of Special Masters. 

On October 17, 2016, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for a SIRVA. On November 23, 2016, respondent filed a 

proffer on award of compensation (“Proffer”) indicating petitioner should be awarded 

$80,000.00. Proffer at 2. In the Proffer, respondent represented that petitioner agrees 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $80,000.00 in the form of a check payable to 

petitioner, Nancy Tyree. 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

NANCY TYREE,

Petitioner, 

 v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 16-586

 Chief Special Master Dorsey

 ECF

PROFFER ON AWARD OF COMPENSATION1

On May 17, 2016, Nancy Tyree (“petitioner”) filed a petition for compensation (“Petition”) 

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine 

Act” or “Act”), as amended. The Petition alleges that petitioner received a tetanus-diphtheriaacellular pertussis (“Tdap”) vaccination on July 3, 2015, and subsequently suffered “left shoulder 

injuries.” Petition at 1 (Preamble). 

On October 17, 2016, the Secretary of Health and Human Services (“respondent”) filed a 

Vaccine Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury related to 

vaccine administration (“SIRVA”), and recommending that the Court award petitioner 

compensation. Respondent hereby submits the following proffer regarding the award of 

compensation. 

 1 This proffer does not include attorneys’ fees and costs, which the parties intend to discuss after the Damages 

Decision is issued.
I. Items of Compensation

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

$80,000.00, which 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

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $80,000.00, in the form of a check payable to petitioner.2

 

Petitioner agrees.

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 W. DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

/s/ Adriana Teitel

ADRIANA TEITEL

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, DC 20044-0146

Tel: (202) 616-3677

Dated: November 23, 2016

 2 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, future lost earnings, and 

future pain and suffering.