# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-158V Filed: August 2, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * LAURA MCCLARY, *

* Petitioner, * Damages Decision Based on Proffer; v. * Tetanus-Diphtheria-Acellular Pertussis * (“Tdap”); Shoul der Injury Related to

SECRETARY OF HEALTH * Vacci ne Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * John Howie, Jr., Howie Law, P.C., Dallas, Texas, for petitioner. Jennifer Reynaud, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On February 2, 2016, petit ioner filed a petition fo r compensation under the National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffered from a shoulder injury related to vaccine administration (“SIR VA”) following an October 13, 2014 tetanus-diphtheriaacellular pertussis (“Tdap”) va ccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 2, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation for a SIRVA. On August 1, 2016, respondent filed a Rule 4(c) Report, which included a proffer on award of comp ensation (“Proffer”) indicating petitioner should be awarded $75,000.00. Rule 4( c) Report Conceding Entitlement to Compensation and Proffer on Damages at 4. In the Proffer, respondent represented

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 that petitioner agrees with the proffered award. Based on the record as a whole, the undersigned finds that petitioner is entitl ed to an award as stated in the Proffer.

Pursuant to the terms stated in the Proffer, the undersigned awards petitioner a lump sum payment of $75,000.00 in the form of a check payable to petitioner, Laura McClary. This amount represents compensatio n 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 c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.