# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 2016 V

Filed: February 19, 2019

UNPUBLISHED

JACQUELINE POHLMAN

,

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)

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA , for petitioner.

Lisa Ann Watts , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On December 21, 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 after receiving the tetanus, diphtheria, and

acellular pertussis v accination on May 22, 2017, she suffered a shoulder injury related

to vaccine administration (“SIRVA”) as listed on the Vaccine Injury Table or that was

caused

- in

- fact by the vaccination she received . Petit ion at 1, ¶¶ 6, 27

. T he case was

assigned to the Special Processing Unit of the Office of Special Masters.

On October 30, 2018

, a ruling on entitlement was issued , finding petitioner

entitled to compensation for her SIRVA . On February 19, 2019 , respondent filed a

p roffer on a ward of compensation (“Proffer”) indicating petitioner should be awarded

1 The un dersigned intends to post this decision on the United States Court of Federal Claims' website.

This means the decision will be available to anyone with access to the internet. 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 iden tified material fits within this definition, the undersigned will redact such

material from public access. Because this unpublished decision contains a reasoned explanation for the

action in this case, undersigned is required to post it on the United State s 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)

.

2 N ational 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 subpara graph of 42 U.S.C. §

300aa (2012 ).2

$ 110

, 004.42 , representing compensation in the amount of $108,000.00 for pain and

suffering , $1,062. 43 for past lost earnings, an d $94 1.99 for past unreimbursable

expenses

. Proffer at 1

. In the Proffer, respondent represented that petitioner agrees

with the proffered award. Id. 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 award s

petitioner a lump sum payment of $ 110,004.42

, representing c ompensation in the

amount of $108,000.00 for pain and suff ering, $1,062.43 for past lost earnings,

and $94 1.99 fo r past unreimbursable expenses in the form of a check payable to

petitioner, Jacqueline Pohlman

. This amount represents compensation for all

damages that w ould be available under § 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.1 IN THE UNITED STATES COURT OF FED ERAL CLAIMS

OFFICE OF SPECIAL MASTERS

JACQUELINE POHLMAN,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 17

- 2016V

Chief Special Master Dorsey

ECF

RESPONDENT’ S PROFFER ON AWARD OF COMPENSATION

On December 21, 2017 , Jacqueline Pohlman (“petitioner”) filed a petition for vaccine

injury compensation alleging that she suffered a left shoulder injury related to vaccine

administration (“SIRVA”), a Table injury, following receipt of a tetanus, diphtheria,

acellular

- pertussis (“Tdap”) vaccine administered on May 22, 2017. Respondent filed his Rule

4(c) Report conceding entitl eme nt to compensation on October 30 , 2018 . The Chief Special

Master issue d a Ru ling on Entitle ment that same day

.

I. Items of Compensation

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

$ 110,004.42 consisting of $108,000.00 for her pain and suffering , $1,062.43 for do cumented past

lost earnings, and $941.99 for past unreimbursable expenses. This represents all elements of

compensation to which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a)

. 1 Petitioner

agrees.

1 Should petitioner die prior to entry of judgment, the parties r eserve the right to move the Court

for appropriate relief. In particular, respondent would oppo se any award for future damages

.2 II. Form of the Award

The parties recommend that the compensation provided to petitioner should be ma de

through a lump sum payment of $ 110,004.42 in the form of a check payable to petitioner. 2

Petitioner agrees.

Respectfully submitted,

JOSEPH H. HUNT

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/Lisa A. Watts

LISA A. WATTS

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

- 4099

DATED: February 1 9 , 2019

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