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UNPUBLISHED 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 DAMAGES1

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 she 

“received a Tetanus, diphtheria, and pertussis (“Tdap”) vaccine on February 19, 2015 

and 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 award 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 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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. 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 

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. 16-154V

 ) 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 National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10 to -34 (“Vaccine Act”), 

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

acellular pertussis (“Tdap”) vaccine on February 19, 2015. On May 6, 2016, respondent 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 proffers that petitioner should be awarded 

$75,657.82, which represents 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
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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 payment of $75,657.82 in the form of a check payable to petitioner. 

Petitioner agrees. 

Respectfully submitted,

BENJAMIN C. MIZER

 Principal Deputy Assistant Attorney General

 

 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 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. 

Case 1:16-vv-00154-UNJ Document 20 Filed 07/05/16 Page 2 of 2