In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-283V
Filed: November 20, 2015
Unpublished
****************************
RITA GLYNN, *
*
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
Respondent. * (“SPU”)
*
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Randall G. Knutson, Knutson and Casey Law Firm, Mankato, MN, for petitioner.
Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 19, 2015, petitioner, Rita Glynn, 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 as a result of a tetanus-diphtheria-
acellular pertussis [“Tdap”] vaccination on April 30, 2012, she suffered brachial neuritis,
an impingement syndrome, and frozen shoulder. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On June 1, 2015, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a shoulder injury related to vaccine administration [“SIRVA”]. On
November 20, 2015, respondent filed a proffer on award of compensation [“Proffer”]
indicating petitioner should be awarded $75,000.00. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Based on the
1
Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).
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 $75,000.00 in the form of a check payable to
petitioner, Rita Glynn. 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
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.
2
Case 1:15-vv-00283-UNJ Document 21 Filed 11/20/15 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RITA GLYNN,
Petitioner,
v. No. 15-283V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
On March 19, 2015, Rita Glynn (“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 that petitioner received a tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccine in her left shoulder on April 30, 2012, and subsequently
suffered brachial neuritis, impingement syndrome, and frozen shoulder, as a result of the
vaccination. Respondent’s Rule 4(c) Report, filed on June 1, 2015, conceded that petitioner is
entitled to compensation in this case because her alleged injury is consistent with a shoulder injury
related to vaccine administration (“SIRVA”), no other cause for her condition has been identified,
and she has suffered the residual effects of her condition for more than six months. In light of
respondent’s concession, on June 21, 2015, the Chief Special Master found petitioner entitled to
compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$75,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1
Case 1:15-vv-00283-UNJ Document 21 Filed 11/20/15 Page 2 of 2
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $75,000.00 in the form of a check payable to petitioner. 1
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
s/ Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: November 20, 2015
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 pain and suffering, and future lost wages.
2