# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16 -154V
Filed: July 6, 2016

UNPUBLISHED

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

CHRISTINA GARBER, *

*
Petitioner, * Damages Decision Based on Proffer;

v. * Tetanus, Diphtheria, acellular Pertussis

* (“Tdap”) Vaccine; Shoulder Injury

SECRETARY OF HEALTH * Related to Vaccine Administration;

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

* (“SPU”)

Respondent. *

*

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

Maximillian Muller, Muller Brazil, LLP, Dresher, PA

, for petitioner.

Justine Walters

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

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On February 1, 2016

, Christina Garber (“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 alleged that s he “received a Tetanus, diphtheria, and pertussis (“Tdap” ) vaccine on February 19, 2015and thereafter suffered from a shoulder injury, which was caused in fact by the abovestated vaccination.” Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 9, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for her shoulder injury. On July 5, 2016, respondent
filed a proffer on a ward of compensation (“Proffer”) indicating petitioner should be awarded $75,657.82. Proffer at 1-2. In the Proffer, respondent represented that

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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

petitioner agrees with the proffered award. Id. at 2. 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 $75,657.82 in the form of a check payable to
petitioner, Christina Garber. 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

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

____________________________________ )

CHRISTINA GARBER

, )

)

Petitioner, )

)

v. ) No. 1 6

- 154 V

) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND ) SPU

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On February 1, 2016 , petitioner, Christina Garber , filed a petition for compensation under

the Nationa l Childhood Vaccine I njury Act, 42 U.S.C. §§ 300aa

- 10 to

- 34 (“Vaccine Act”),

alleging that s he developed a shoulder injury as a result of receiving a tetanus, diphtheria,

acellular pertussis (“Tdap”) vaccine on February 19, 2015. On May 6 , 2016 , responde nt filed

her Rule 4(c) Report stating that petitioner’s shoulder injury is consistent with a shoulder injury

related to vaccine administration (“ SIRVA ”) and conceding that her SIRVA is compensable

under the Vaccine Act. Accordingly, on May 9 , 2016 , Chief Special Master Dorsey issued a

Ruling on Entitlement finding that petitioner is entitled to compensation for her SIRVA.

I. Items of Compensation

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

$75,657.82 , which r epresents all elements of compensation to which petitioner is entitled under Case 1:16-vv-00154-UNJ Document 20 Filed 07/05/16 Page 1 of 2- 2

- 42 U.S.C. § 300aa

- 15(a). 1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum paym ent of $75,657.82 in the form of a check payable to petitioner.

Petitioner agrees.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney G eneral

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Acting Deputy Director

Torts Branch, Civil Division

LINDA S. RENZI

Senior Trial Counsel

Torts Branch, Civil Division

s/ Justine Walters

__________ JUSTINE WALTERS

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 307

- 6393

DATE: July 5 , 2016

1 Should petitioner die prior to entry of judgment, the parties reser ve 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. Case 1:16-vv-00154-UNJ Document 20 Filed 07/05/16 Page 2 of 2