In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-625V

Filed: October 22, 2015

Unpublished

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

HOLLY SWENSON, *

*

Petitioner, * Damages Decision Based on Proffer;

* Tetanus-diphtheria-acellular pertussis

* (“Tdap”); Shoulder 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 DAMAGES1

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 by her 

August 21, 2014 Tentanus-diphtheria-acellular pertussis (“Tdap”) vaccination. Petition 

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 shoulder injury related to vaccine administration (“SIRVA”). On 

October 22, 2015, respondent filed a proffer on award of compensation [“Proffer”]

indicating petitioner should be awarded $113,832.20. Proffer at 1. 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended 

at 44 U.S.C. § 3501 note (2006)). 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).
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump 

sum payment of $113,832.20 in the form of a check payable to petitioner, Holly 

Swenson. 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

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 COMPENSATION1

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-diphtheria-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 Vaccine Rule 4(c) report, conceding causationin-fact for petitioner’s SIRVA. On October 7, 2015, the Chief Special Master issued a ruling on 

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

vaccine. 

II. 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.

III. 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. MIZER

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 22, 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.