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UNPUBLISHED 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 Falvo, LLC, Dublin, OH, for petitioner. 

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

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On May 9, 2017, 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”). Petitioner alleges that she suffered 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, finding petitioner entitled 

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

compensation (“Proffer”) indicating petitioner should be awarded $80,287.00. Proffer at 

1. In the Proffer, respondent 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 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

award. 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 $80,287.00 in the form of a check payable to 

petitioner, Mary Havener. 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

__________________________________________

)

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 

Vaccine Act compensation. Respondent now proffers 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 

costs 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 

reserve 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 personal 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