In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-0624V

Filed: June 19, 2015

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

CHRISTINE L. TISHMACK, *

*

Petitioner, * Damages Decision Based on Proffer;

* Tetanus-Diphtheria-acellular Pertussis; 

* (“Tdap”) Vaccine; Shoulder Injury

SECRETARY OF HEALTH * Related to Vaccine Administration;

AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit;

* (“SPU”)

Respondent. *

*

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

Kate Westad, Esq., Lommen Abdo Law Firm, Minneapolis, MN, for petitioner.

Julia McInerny, Esq., U.S. Dept. of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master:

On July 18, 2014, Christine L. Tishmack filed a petition for compensation under 

the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

[the 

“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury which 

was caused by the tetanus, diphtheria-acellular pertussis [“Tdap”] vaccine she received 

on July 22, 2011. Petition at 1. The case was assigned to the Special Processing Unit 

of the Office of Special Masters.

On December 19, 2014, I issued a ruling on entitlement, finding petitioner entitled 

to compensation. On June 19, 2015, respondent filed a proffer on award of 

compensation [“Proffer”] indicating petitioner should be awarded $80,000.00. Proffer at 

1. According to respondent’s Proffer, petitioner agrees to this proposed amount. Id.

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post it 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)). 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, I agree that the identified material fits within this definition, I 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 (2006).
2

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump 

sum payment of $80,000.00 in the form of a check payable to petitioner, Christine 

L. Tishmack. 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

s/Denise K. Vowell

Denise K. Vowell

Chief Special Master

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice 

renouncing the right to seek review.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ 

CHRISTINE TISHMACK, )

)

 Petitioner, ) 

 v. )

) No. 14-624V 

SECRETARY OF HEALTH ) Chief Special Master Vowell

AND HUMAN SERVICES ) ECF

)

 Respondent. )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

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

$80,000.00, which represents all elements of compensation to which petitioner would be entitled 

under 42 U.S.C. § 300aa-15(a).1

 Petitioner agrees. 

II. Form of the Award

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

through a lump sum payment of $80,000.00 in the form of a check payable to petitioner. 

Petitioner agrees. 

Respectfully submitted, 

BENJAMIN C. MIZER 

Principal Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

 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-00624-UNJ Document 25 Filed 06/19/15 Page 1 of 2
2

VINCENT J. MATANOSKI 

Deputy Director

Torts Branch, Civil Division

MICHAEL P. MILMOE

Senior Trial Counsel

Torts Branch, Civil Division

/s/ Julia W. McInerny 

JULIA W. MCINERNY

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

DATED: June 18, 2015 (202) 353-3919

Case 1:14-vv-00624-UNJ Document 25 Filed 06/19/15 Page 2 of 2