# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 551 V

Filed: March 11, 2015

* * * * * * * * * * * * * * * UNPUBLISHED

KETLEEN DORMEUS

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

*

v. *

* Decision on Proffer; Damages;

SECRETARY OF HEALTH * Di ptheria

- Pertussis

- Tetanus ( “ DPT ” )

AND HUMAN SERVICES, * Vaccine ; Shoulder Injury Related

* to Vaccine Administration

Respondent. * ( “ SIRVA ” ).

*

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

Robert Land , Philadelphia, PA, for Petitioner.

Traci Patton , United States Department of Justice, Washington, D.C., for Respondent.

DECISION AWARDING DAMAGES 1

On June 27, 2014, Ketleen Dormeus (“Petitioner”) filed a petition for compensation

under the National Vaccine Injury Compensation Program (“the Program”)

. 2 Petitioner alleged

that a diphtheria

- pertussis

- tetanus ( “ DPT ” ) vaccination she received on November 21, 2010

caused her to suffer from bursitis and adhesive capsulitis. On Janu ary 9, 2015 , the undersigned

ruled that Petitioner was entitled to compensation for her injury.

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this ruling on the webs ite of the United States Court of Federal

Claims , 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.” Vaccine Rule

18(b).

2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42

U.S.C. §§ 300aa

- 10 et seq

. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual

section references wi ll be to 42 U.S.C. § 300aa of the Act. Case 1:14-vv-00551-UNJ Document 20 Filed 03/11/15 Page 1 of 2On March 11, 2015 , R espondent filed a Proffer on Award of Co mpensation ( “ Proffer ” ).

In the P roffer, Respondent represents that P etitioner agree s with the proffered 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 th e terms stated in the attached P roffer, the undersigned awards P etitioner:

A lump sum payment of $ 50,000.00 in the form of a check payable to

Petitioner, Ketleen Dormeus. This amount accounts for all elements of

compensation under 42 U.S.C. § 300aa

- 15(a) to which Petitioner would be

intitled.

Proffer ¶ II

.

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

the court SHALL ENTER JUDGMENT herewith. 3

IT IS S O ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by t he parties’ joint filing of

notice renouncing the right to seek review.

2 Case 1:14-vv-00551-UNJ Document 20 Filed 03/11/15 Page 2 of 2IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

KETLEEN DORMEUS,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )

)

)

)

)

)

)

)

)

) No. 14

- 551V

Special Master Hamilton

- Fieldman

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

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

$ 50,000.00 . 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)(A); 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 su m 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 $ 50,000 .00 in the form of a check payable to petitioner, Ketleen

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

§ 300aa

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

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

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 1:14-vv-00551-UNJ Document 19 Filed 03/11/15 Page 1 of 2Respectfully submitted,

BENJAM IN C. MIZER

Acting Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Senior Trial Attorney

Torts Branch, Civil Division

s/T raci R. Patton

TRACI R. PATTON

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

Ben Franklin Station, P.O. Box 146

Washington, D.C. 20044

- 0146

Tel.: (202) 353

- 1589

DA TE: March 1 1 , 2014

2 Case 1:14-vv-00551-UNJ Document 19 Filed 03/11/15 Page 2 of 2