# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 8

- 11 11 V

UNPUBLISHED

SALVADOR MONARREZ

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: May 8, 2020

Special Processing Unit (SPU);
Damages Decision Based on Proffer;

Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder

Injury Related to Vaccine
Administration (SIRVA)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for petitioner.

Adriana Ruth Teitel

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

DECISION AWARDING DAMAGES 1

On July 30, 2018

, Salvador Monarrez 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of a Tetanus Diphtheria acellular Pertussis (“Tdap”)
vaccination administered on October 6, 2016

. Petition at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 16, 2019

, a ruling on entitlement was issued , finding P etitioner
entitled to compensation for SIRVA . On May 7, 2020

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 67,500.00

. Proffer at 1

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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 accor dance 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

privac y. 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). CORRECTED2

proffered 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 $ 67,500.00 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 filing of notice

renouncing the right to seek review.

### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

SALVADOR MONARREZ

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 18

- 1111 V

Chief Special Master Corcoran (SPU)

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On September 13 , 2019 , respondent filed a Rule 4(c) Report concluding that petitioner

sustained an injury that is compensable under the National Childhood Vaccine Injury Act of

1986, as amended, 42 U.S.C. §§ 300aa

- 10 to

- 34 , that is, a Shoulder Injury Related to Vaccine

A dministration (“SIRVA”), as defined in the Vaccine Injury Table , following receipt of a Tdap

vaccination administered on October 6, 2016

. Ac cordingly, o n September 16, 2019

, a Ruling on

Entitlement, adopting respondent’s recommendation, was issued.

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

$ 67,500.00

. 1 This is comprised of pain and suffering

, and represents all elements of

compensation to which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner

agrees.

1 Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court

for appropriate relief

.2 II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through:

a lump sum of $ 67,500.00 in the form of a check payable to petitioner.

This amount represents compensation for all damages that would be

available under 42 U.S.C. § 300aa

- 15(a).

Petitioner agrees. Petitioner is a competent adult, therefore evidence of guardianship is not

required in this case.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

/s/ Adriana Teitel

ADRIANA TEITEL

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, DC 20044

- 0146

Tel: (202) 616

- 3677

Dated: May 7 , 2020