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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-209V

(E-Filed: June 2, 2014)

* * * * * * * * * * * * * * *

MONA MARIE TROUP, * UNPUBLISHED

*

* 

 Petitioner, * Special Master

* Hamilton-Fieldman

v. * 

* Tetanus-Diphtheria-Acellular

SECRETARY OF HEALTH AND * Pertussis (“Tdap”) Vaccine;

HUMAN SERVICES, * Brachial Neuritis; Decision;

* Proffer.

Respondent. * .

* * * * * * * * * * * * * * *

Kelly D. Burdette, Burkett & Burdette, Seattle, WA, for Petitioner.

Melonie J. McCall, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On March 25, 2013, Petitioner, Mona Marie Troup, filed a petition seeking 

compensation under the National Vaccine Injury Compensation Program (“the Vaccine 

Program”). Petitioner alleged that she was injured by the administration of a tetanusdiphtheria-acellular pertussis (“Tdap”) vaccination administered on February 8, 2012, 

and that she thereafter suffered left arm brachial neuritis and left arm pain. Petitioner

 

1

 Because this unpublished decision contains a reasoned explanation for the 

undersigned’s action in this case, the undersigned intends to post this decision on the 

United States Court of Federal Claims’ website, in accordance with the E-Government 

Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 

44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 

days within which to request redaction “of any information furnished by that party: (1) 

that is a trade secret or commercial or financial in substance and is privileged or 

confidential; or (2) that includes medical files or similar files, the disclosure of which 

would constitute a clearly unwarranted invasion of privacy.” Otherwise, “the entire” 

decision will be available to the public. Id.
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alleged that this condition was caused-in-fact her receipt of the Tdap vaccination.

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The parties agreed and submitted in a proffer, filed on June 2, 2014, that based on 

the evidence of record, Petitioner should be awarded $77,336.04. This amount represents 

all elements of compensation to which Petitioner would be entitled under 42 U.S.C. 

§300aa-15(a)(1); 15(a)(3)(B); and 15(a)(4). 

The undersigned finds said proffer reasonable and adopts it as the decision of the 

Court in awarding damages, on the terms set forth therein.

The proffer awards:

A lump sum of $77,336.04, in the form of a check payable to Petitioner, 

Mona Marie Troup. This amount represents all damages available under 42 

U.S.C. §300aa-15(a) to which Petitioner would be entitled.

Proffer Section II.

The undersigned approves the requested amounts for Petitioner’s compensation. 

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court is directed to enter judgment herewith.3

IT IS SO ORDERED.

s/Lisa D. Hamilton-Fieldman

Lisa D. Hamilton-Fieldman

Special Master

 

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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the 

National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, 

codified as amended, 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002) 

(Vaccine Act or the Act). All citations in this decision to individual sections of the 

Vaccine Act are to 42 U.S.C.A. ' 300aa.

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 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties=

joint filing of notice renouncing the right to seek review.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF THE SPECIAL MASTERS

___________________________________ 

MONA MARIE TROUP, ) 

 ) 

 Petitioner, ) 

 ) No. 13-209V 

 v. ) Special Master 

 ) Lisa Hamilton-Fieldman 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

) 

 Respondent. ) 

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On December 30, 2013, the Secretary of Health and Human Services, hereinafter, 

“respondent,” filed a Rule 4(c) Report conceding entitlement in the above-captioned matter. 

Respondent hereby submits the following proffer on damages. 

I. Compensation for Vaccine Injury-Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded 

$77,336.04. This amount represents all elements of compensation to which petitioner would be 

entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(B); and §15(a)(4). Petitioner agrees.

II. Form of the Award

 The parties recommend that the compensation provided to petitioner should be made 

through a lump sum payment as described below, and request that the special master’s decision 

and the Court’s judgment award the following:1

A. A lump sum payment of $ $77,336.04 in the form of a check payable to petitioner, Mona 

Marie Troup. This amount accounts for all elements of compensation under 42 U.S.C. 

 § 300aa-15(a) to which petitioner would be entitled.

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 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 and future pain and suffering. 

 

 
Petitioner is a competent adult. Evidence of guardianship is not required in this case. 

Respectfully submitted,

STUART F. DELERY

Assistant Attorney General

RUPA BHATTACHARYYA

Director

 Torts Branch, Civil Division 

 VINCENT J. MATANOSKI

Deputy Director

 Torts Branch, Civil Division 

 VORIS E. JOHNSON, JR.

 Assistant Director

 Torts Branch, Civil Division 

 s/Melonie J. McCall 

 MELONIE J. McCALL

Senior 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) 616-4098 

DATED: June 2, 2014 

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