In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-2016V

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UNPUBLISHED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 DAMAGES1

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 vaccination 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. Petition at 1, ¶¶ 6, 27. The 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 

proffer on award of compensation (“Proffer”) indicating petitioner should be awarded 

 

1 The undersigned 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 identified 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 Because this unpublished decision contains a reasoned explanation for the 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 States 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 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 (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, and $941.99 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 awards

petitioner a lump sum payment of $110,004.42, representing compensation in the 

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

and $941.99 for past unreimbursable expenses in the form of a check payable to 

petitioner, Jacqueline Pohlman. This amount represents compensation for all 

damages that would 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 FEDERAL 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 entitlement to compensation on October 30, 2018. The Chief Special 

Master issued a Ruling on Entitlement 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 documented 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 reserve the right to move the Court 

for appropriate relief. In particular, respondent would oppose any award for future damages.
2

II. Form of the Award

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

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 19, 2019

 

2

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