In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1433V
Filed: July 27, 2016
UNPUBLISHED
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M.J.P., by her Parents and Natural *
Guardians, DWAN PETTI and *
ANTHONY PETTI, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Hepatitis A; HPV;
* Syncope;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
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Clifford Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES 1
Dorsey, Chief Special Master:
On November 30, 2015, 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”). Petitioners allege that their daughter M.J.P. passed out and fell as a
result of receiving her February 18, 2015 Hepatitis A and HPV vaccinations, resulting in
dental injuries. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On April 5, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation for vaccine-related syncope. On July 26, 2016, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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.
2National 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).
$100,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
with the proffered award. 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 $100,000.00 in the form of a check payable to
petitioners, Dwan Petti and Anthony Petti, as guardians/conservators of M.J.P.’s
estate. 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
____________________________________
)
M.J.P., by her Parents and Natural )
Guardians, DWAN PETTI and ANTHONY )
PETTI, )
)
Petitioners, )
)
v. ) No. 15-1433V
) Ch. Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On April 5, 2016, the Chief Special Master issued a Ruling on Entitlement determining
that petitioners were entitled to vaccine compensation for dental injuries suffered by their
daughter, M.J.P., associated with an episode of syncope following receipt of Hepatitis A and
HPV vaccinations on February 18, 2015. Respondent proffers that, based on the evidence of
record, petitioners should be awarded $100,000.00. This amount represents all elements of
compensation to which petitioners would be entitled under 42 U.S.C. § 300aa-15(a). Petitioners
agree.
II. Form of the Award
Respondent recommends that the compensation provided to petitioners should be made
through a lump sum payment as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following: 1
A lump sum payment of $100,000.00 in the form of a check payable to petitioners, Dwan
Petti and Anthony Petti, as guardians/conservators of M.J.P.’s estate. This amount
accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which
petitioners would be entitled.
No payments shall be made until petitioners provide respondent with documentation
establishing that they have been appointed as the guardians/conservators of M.J.P.’s estate.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
1
Should M.J.P. die prior to entry of judgment, respondent reserves 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.
/s/ Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Dated: July 26, 2016 Fax: (202) 616-4310