# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS



### * * * * * * * * * * * * * * * * * * * * *

NATALEE HESSELL

, * No. 14

- 1091 V

*

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: November 9

, 2015

*

* Damages; decision based on proffer;

SECRETARY OF HEALTH * tetanus

- diphtheria acellular pertussis

AND HUMAN SERVICES, * (“Tdap”) vaccine; shoulder injury

* related to vaccine administration

Respondent. * (“SIRVA”).

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

Lawrence Cohan

, Anapol Schwartz, Philadelphia

, PA , for P etitioner;

Adriana Teitel , United States Dep ’ t o f Justice, Washington, DC, for R espondent.

UNPUBLISHED DECISION AWARDING DAMAGES 1



### On November 10, 2014, Natalee Hessell filed a petition seeking

compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §

300 a a

- 10 through 34 (2012) , alleging that the tetanus

- diphtheria acellular pertussis

(“Tdap”) vaccination she received on April 10, 2013, caused her to suffer right

adhesive capsulitis. On July 9, 2015, respondent filed her Rule 4 report, in which

she recommended that the Court find petitioner entitled to compensation for a

shoulder injury related to vaccine administrati on (“SIRVA”). On July 14 , 2015

, the undersigned determined that petitioner is entitled to compensation under the

Vaccine Act.

On November 5 , 2015 , respondent filed a Proffer on Award of

Compensation, to which petitioner agrees. Based upon the record a s a whole, the

special master finds the proffer reasonable and that petitioner is entitled to an

1 The E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the

Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion

proposing redaction of medical in formation or other information described in 42 U.S.C. § 300aa

- 12(d)(4). Any

redactions ordered by the special master will appear in the document posted on the website.2



### award as stated in the Proffer. Pursuant to the attached Proffer, Appendix A, the

court awards petitioner:

A lump sum payment of $ 135,060.00

, in the form of a check paya ble to

Natalee Hessell. This amount represents compensation for all damages

that would be available under 42 U.S.C. § 300aa

- 15(a).

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.

Any questions may be directed to my law clerk, Dan Hoffman , at (202) 357

-

63 60

.

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master1 

### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

NATALEE HESSELL

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent

. No. 14

- 1091 V

Special Master Moran

ECF

PROFFER ON AWARD OF COMPENSATION 1

On November 10, 2014

, Natalee Hessell (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

-

34 (“Vaccine Act” or “Act”), as amended. The Petition alleges th at petitioner received a tetanus

diphtheria (“Tdap”) vaccination on April 10 , 2013, and as a result of the vaccine she suffered right

adhesive capsulitis

. Petition at 1

. On July 9, 2015, t he Secretary of Health and Human Services

(“respondent”) filed a Vaccine Rule 4(c) report, conceding that petitioner suffered from a shoulder

injury related to vaccine administration (“SIRVA”), and recommending that the Court award

petitioner compensation. Id. at 4

- 5. Respondent hereby submits the following proffer regarding the

award of compensation.

1 This proffer does not include attorneys’ fees and costs, which the parties intend to discuss after the Damages

Decision is issued.2 I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded

$135,060.00, which represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees

.

II. Form of the Award

R espondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $135,060.00, in the form of a check payable to petitioner. 2

Petitioner agrees.

R espectfully submitted,

BENJAMINN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

ALTHEA W. DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

/s Adrian a Teitel

ADRIANA TEITEL

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, DC 20044

- 0146

Tel: (202) 616

- 3677

Dated: N ovember 5 , 2015

2 Should petitioner die prior to entry of judgment, the parties reserve th e 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

.