Ferdetta v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ******************** * CATHERINE A. FERDETTA, * * No. 15-835V Petitioner, * Special Master Christian J. Moran * v. * Filed: January 5, 2016 * SECRETARY OF HEALTH * Damages; decision based on proffer; AND HUMAN SERVICES, * Tdap vaccination; shoulder injury; * SIRVA.

Respondent. * ******************** * Daniel R. Gage, Gage Fiore, LLC, Lawrenceville, NJ, for Petitioner; Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION AWARDING DAMAGES1 On August 5, 2015, Catherine Ferdetta filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq., alleging that the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination caused her to suffer a shoulder injury related to vaccine administration (“SIRVA”).

On December 30, 2015, respondent filed a Proffer on Award of Compensation, to which petitioner agrees. Based upon the record as a whole, the special master finds the proffer reasonable and that petitioner is entitled to an award as stated in the Proffer. Pursuant to the attached Proffer the court awards petitioner: The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website.

A lump sum payment of $110,000.00, in the form of a check payable to petitioner, Catherine Ferdetta. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 15-835V according to this decision and the attached proffer.2 Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360.

IT IS SO ORDERED.

s/Christian J. Moran Christian J. Moran Special Master

Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.