# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-626V

Filed: June 1, 2018

UNPUBLISHED

MARY HAVENER,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Tetanus Diphtheria acellular

Pertussis (Tdap) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Braden Andrew Blumenstiel, Blumenstiel Fa lvo, LLC, Dublin, OH, for petitioner.

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

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On May 9, 2017, petitioner filed a petit ion 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 suffe red a shoulder injury related to vaccine

administration (“SIRVA”) following a tetanus, diphtheria, acellular pertussis (“Tdap”)

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

Office of Special Masters.

On January 4, 2018, a ruling on entitlement was issued, fi nding petitioner entitled

to compensation for a SIRVA. On May 31, 2018, respondent filed a proffer on award of

compensation (“Proffer”) indica ting petitioner should be awar ded $80,287.00. Proffer at

1. In the Proffer, resp ondent represented that petitioner agrees with the proffered

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 award. Based on the record as a whole, t he undersigned finds that petitioner is entitled

to an award as stated in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $80,287. 00 in the form of a check payable to

petitioner, Mary Havener. This amount represents compens ation for all damages that

would be available un der § 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________ )

MARY HAVENER, )

)

Petitioner, )

) No. 17

- 626V (ECF)

v. ) Chief Special Master Dorsey

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF DAMAGES

On December 19 , 2017 , respondent, the Secretary of Health and Human Services, filed

his Rule 4(c) Report conceding entitlement to compensation in this matter, and on January 4,

2018

, the Court entered its Ruling on Entitlement, finding petitioner Mary Havener entitled to

Vacc ine Act compensation. Respondent now pro ffers that petitioner receive a compensation

award consisting of :

a. A lump sum of $ 80,287 .00 in the form of a check payable to petitioner , Mary

Havener, 1 which amount represents compensation for all elements of compensation

under 42 U.S.C. § 300aa

- 15(a) to which petitioner is entitled ; 2 and,

b. A lump sum of $5,432.57 , in the form of a check payable jointly to petitioner and her

counsel, which amount represents compensation for petitioner’s attorneys’ fees and

cost s under 42 U.S.C. § 300aa

- 15(e).

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 parties

re serve the right to move the Court for appropriate relief.2 Petitioner agrees with the proffered award of $ 80,287.00 for her compensation, and

$5,432.57 for her attorneys’ fees and costs, and has further represented in compliance with

General Order No. 9 that she has incurred no per sonal litigation costs.

Respectfully submitted,

CHAD A. READLER

Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/Voris E. Johnson, Jr.

VORIS E. JOHNSON, JR.

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station

Washington, D.C. 20044

- 0146

Direct dial: (202) 616

- 4136

Dated: May 31 , 2018