# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 445 V

UNPUBLISHED

VERA VERONICA KELLY

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 16, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Tetanus Diphtheria acellular

Pertussis (Tdap) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA , for petitioner.

Voris Edward Johnson , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On March 26, 2019

, Vera Kelly 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 left shoulder injury related to vaccine

administration ( “ S IRVA ” ) as a result of a tetanus

- diphtheria

- acellular pertussis vaccination

admin istered on January 25, 2017

. Petition at 1

. Petitioner further alleges that the vaccine

was adm inistered within the United States, that she suffered the residual effects of h er injury for more than six months

, and that she has not received an awar d or settlement of

any civil action for damages for her vaccine

- related injury . Petition at 2, 7

. The case was

assigned to the Special Processing Unit of the Office of Special Masters.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 On April 7, 2020

, a ruling on entitlement was issued , finding P etitioner entitled to

compensation for a SIRVA . On September 14, 2020

, R espondent filed a p roffer on a ward

of compensation (“Proffer”) indicating P etitioner should be awarded $ 93,105.44

(consisting of $90,000.00 for pain and suffering, and $3,105.44 for past unreimbursed

expenses)

. Proffer at 1

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

with the 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 $ 93,105.44 (consisting of $90,000.00 for pain and suffering, and

$3,105.44 for past unreimbursed expenses 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

__________________________________________ )

VERA VERONICA KELLY, )

)

Petitioner, )

) No. 19

- 445V (ECF)

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF DAMAGES

On April 7, 2020 , respondent, the Secretary of He alth and Human Services, filed his Rule

4(c) Report conceding entitlement to compensation in this matter alleging a Shoulder Injury

Related to Vaccine Administration (“SIRVA”)

. The same day

, the Court entered its Ruling on

Entitlement, finding petitioner Vera Veronica Kelly entitled to Vaccine Act compensation.

Respondent now pro ffers that petitioner receive a compensation award consisting of a lump sum

of $ 93,105.44 in the form of a check payable to petitioner

, Vera Veronica Kelly

. 1 This amount

consists of $ 9 0 ,0 00.00 for pain and suffering and $3 ,105.44 for past unreimbursed expenses, and

represents compensation for all elements of compensation under 42 U.S.C. § 300aa

- 15(a) to

which petitioner is entitled. 2

Petitioner agrees with the proffered a ward of $ 93,105.44

. 3

1 Petitioner is a competent adult. No guardianship is required.

2 Should petitioner die prior to entry of judgment, respondent would oppose any award for

future medical expenses, future lost earnings, and future pain and suffering, and the partie s

reserve the right to move the Court for appropriate relief.

3 This proffer does not include any award for attorneys’ fees and costs that may be awarded

pursuant to 42 U.S.C. § 300aa

- 15(e).2 Respectfully submitted,

JEFFREY BOSSERT CLARK

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

s/Voris E. Johnson, Jr.

VORIS E. JOHNSON, JR.

Senior Trial Attorney

Torts Branch, Civil Di vision

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station

Washington, D.C. 20044

- 0146

Direct dial: (202) 616

- 4136

Dated: September 1 4 , 2020