# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 0858 V

UNPUBLISHED

MICHAELENE WIDSON

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 21, 2020

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

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA , for P etitioner.

Linda Sara Renzi

, U.S. Department of Justice, Washington, DC, for R espondent.

DECISION AWARDING DAMAGES 1

On June 11, 2019

, Michaelene Widson 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 re lated to vaccine administration ( “ SIRVA ” ) as a result of a Tetanus

- D iphtheria

- acellular Pertussis ( “ Tdap ” ) vaccine administered on May 15, 2017

. Petition at 1

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

On October 28, 2020

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On December 18, 2020

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 75,000.00

. Proffer

at 1

. In the Proffer, R espondent represented that P etitioner agrees with the proffered

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

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 $ 75,000.00 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 COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ )

MICHAELENE WIDSON, )
)

Petitioner, )
) No. 19-858V
v. ) Chief Special Master Corcoran
) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )
) Respondent. )
____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On October 26, 2020, respondent filed a Rule 4 (c) Report conceding entitlement

in this case. On October 28, 2020, the Court issued a Ruling on Entitlement finding that

petitioner was entitled to vaccine compensation for her Shoulder Injury Related to

Vaccine Administration ( “SIRVA”). Respondent proffers that based on the evidence of

record, petition er should be awarded $75,000.00. This amount represents all elements of

compensation to which petitioner is entitled under 42 U.S.C. § 300aa- 15(a)(1);

15(a)(3)(A); and 15(a)(4). Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be

made through a lump sum payment as described below, and request that the Chief Special

Master’s decision and the Court’s judgment award the following: 1

1 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.A lump sum payment of $75,000.00, in the form of a check payabl e to petitioner, Michaelene Widson . This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is

entitled.

Petitioner is a compet ent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

JEFFERY BOSSERT CLARK Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES
Depu ty Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

/s/ Linda S. Renzi

LINDA S. RENZI

Senior Trial Counsel

Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146
Tel.: (202) 616-4133

Dated: December 18 , 2020