In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0545V
Filed: May 9, 2016
UNPUBLISHED
****************************
CATHERINE HENRY, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus-Diphtheria-Acellular-Pertussis
* Vaccine (Tdap); Shoulder Injury Related
SECRETARY OF HEALTH * to Vaccine Administration (“SIRVA”):
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
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Michael G. McLaren, Black McLaren Jones Ryland & Griffee, PC, Memphis, TN, for
petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 28, 2015, Catherine Henry (“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 she suffered a shoulder injury related
to vaccine administration (“SIRVA”) as a result of receiving a tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccine on June 3, 2014. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 5, 2015, a ruling on entitlement was issued, finding petitioner entitled
to compensation. On May 9, 2016, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $215,000.00. Proffer at 1. In the
Proffer, respondent represents that petitioner agrees with the proffered award. Based
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Because this unpublished decision contains a reasoned explanation for the action in this case, the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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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).
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 $215,000.00, in the form of a check payable to
petitioner, Catherine Henry. 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
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CATHERINE HENRY,
Petitioner,
v. No. 15-545V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 5, 2015, respondent filed her Rule 4(c) Report, in which she recommended
that the Court find petitioner entitled to compensation, and on that same date, the Court entered
its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers
that petitioner receive an award of a lump sum of $215,000.00 in the form of a check payable to
petitioner. This amount represents compensation for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner is entitled.1
Petitioner agrees with the proffered award of $215,000.00.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
1
This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
1
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
Dated: May 9, 2016
2