# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 625 V

Filed: October 22, 2015

Unpublished

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

HOLLY SWENSON

, *

*

Petitioner, * Damages Decision B ased on Proffer;

* T etanus

- diphtheria

- acellular pertussis

* ( “ Tdap ” ) ; S houlder Injury ( “ SIRVA ” ) ;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Maximillian Muller, Muller Brazil, LLP, Dresher, PA

, for petitioner.

Darryl Wishard , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On June 18, 2015

, 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” or “Program”]. Petitioner alleges that she suffered a shoulder injury caused b y her

August 21, 2014 Tentanus

- d iphtheria

- acellular p ertussis ( “ Tda p ” ) vaccination . Petit ion

at 1

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

Masters.

On October 7, 2015

, I issued a ruling on entitlement, finding petitioner entitled to

compensation for a shoul der injury related to vaccine administration ( “ SIRVA ” ) . On

October 22, 2015 , respondent filed a p roffer on a ward of compensation [“Proffer”]

indicating petitioner should be awarded $ 113,832.20

. Proffer at 1

.

1 Because this unpublished decision contains a reasoned explanatio n for the action in this case, the

undersigned intend s to post it on the United States Court of Federal Claims' website, in accordance with

the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amende d

at 44 U.S.C. § 3501 note (2006 )) . In acco rdance 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 agree s that the identified ma terial 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).Pursuant to the terms stated in the attached Proffer, I award petitioner a lump

sum payment of $ 1 13,832.20 in the form of a check payable to petitioner, H olly

Swenson

. Th is amount represent s 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

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

___________________________________ )

HOLLY SWENSON, )

)

Petitioner, ) No. 15

- 625V ECF

)

v. ) Chief Special Master Dorsey

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

___________________________________ )

PROFFER ON AWARD OF COMPENSATION 1

I. Procedural History

On June 18, 2015, Holly Swenson (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

-

34, as amended . Petitioner alleges that as a result of receiving the tetanus

- di phtheria

- acellular

pertussis (“Tdap”) vaccine on August 21, 2014, she suffered a shoulder injury related to vaccine

administration (“SIRVA”) in her left shoulder that was caused

- in

- fact by her vaccination.

On October 7 , 2015, respondent filed her Vaccin e Rule 4(c) report

, conceding causation

in

- fact for petitioner’s SIRVA. On October 7 , 2015, t he Chief Special Master issued a ruling on

entitlement , f inding that petitioner was entitled to compensation for a SIRVA caused by the Tdap

vaccine

.

I I. Items of Compensation

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

$ 113,832.20 , which represents all elements of compensation to which petitioner would be

1 This Proffer does not include attorneys’ fees and costs, which the parties intend to

discuss after the Damages Decision is issued.2 entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

I II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $ 113,832.20

, in the form of a check payable to petitioner

. 2

Petitioner agrees.

Respectfully submitted,

BENJAMIN C. MIZE R

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division

/s/Darryl R. Wishard

DARRYL R. WISHARD

Senior Trial Attorney

Torts Branch, Civil Division

U. S. Department of Justice

P.O. Box l46, Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Direct dial: (202) 616

- 4357

Dated: October 2 2 , 2015 Fax: (202) 616

- 4310

2 Should petitioner die prior to entry of judgment, respondent would oppose any award

for future medical expenses, future lost earnings, and future pain and suffering, and the parties

reserve the right to move the Court for appropriate relief.