In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0468V
UNPUBLISHED
JAIME ZOERMAN, Chief Special Master Corcoran
Petitioner,
v. Filed: September 29, 2021
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision on Proffer;
Concession; Table Injury; Tetanus-
Respondent. Diphtheria-Acellular Pertussis
(Tdap); Shoulder Injury Related to
Vaccine Administration (SIRVA).
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On April 20, 2020, Jaime Zoerman 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 an tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine administered on April 22, 2019. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
1
Because this unpublished opinion contains a reasoned explanation for the action in this case, I am
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). This means the opinion 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, I agree that the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
On August 24, 2021, I issued a ruling that Petitioner was entitled to compensation
for her SIRVA. ECF No. 26. On September 28, 2021, Respondent filed a proffer on an
award of compensation, to which Petitioner agrees. ECF No. 31 (attached hereto as
Exhibit A). Based on the record as a whole, I find that Petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $111,690.10 (representing $110,000.00 for pain and suffering and
$1,690.10 for past unreimbursable expenses). This amount represents compensation
for all damages that would be available under Section 15(a).
The Clerk of the Court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
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
*****************************
JAIME ZOERMAN, *
*
Petitioner, *
*
v. * No. 20-468V (ECF)
* CHIEF SPECIAL MASTER
* BRIAN H. CORCORAN
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*****************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 20, 2020, Jaime Zoerman (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that she suffered a left Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of a tetanus,
diphtheria, and acellular pertussis (“Tdap”) vaccine on April 22, 2019. Petition at 1. On August
24, 2021, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report
indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA
Table injury, and on that same date, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 25; ECF No. 26.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $110,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,690.10. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner 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 $111,690.10, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Jaime Zoerman: $111,690.10
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
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 lost earnings
and future pain and suffering.
2
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ DHAIRYA D. JANI
DHAIRYA D. JANI
Trial Attorney
U.S. Department of Justice
Torts Branch, Civil Division
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4356
Email: Dhairya.Jani@usdoj.gov
Dated: September 28, 2021
3
Zoerman v. Secretary of Health and Human Services
Combined Opinion