VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00146
Package ID: USCOURTS-cofc-1_13-vv-00146
Petitioner: Dana Livneh
Filed: 2014-03-11
Decided: 2014-04-01
Vaccine: Tdap
Vaccination date: 2010-12-01
Condition: severe and debilitating pain and immobility in her left shoulder and arm
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Dana Livneh filed a petition for compensation under the National Vaccine Injury Compensation Program on February 27, 2013, alleging that she suffered severe and debilitating pain and immobility in her left shoulder and arm, caused by the tetanus-diptheria-acellular pertussis (Tdap) vaccine she received on December 1, 2010. The respondent, the Secretary of the Department of Health and Human Services, filed a proffer on award of compensation on March 11, 2014, indicating that Ms. Livneh agreed to the compensation amount. Special Master Thomas L. Gowen issued a decision awarding Ms. Livneh a lump sum payment of $90,000.00. This amount represents compensation for all damages available under the program, as outlined in 42 U.S.C. § 300aa-15(a). The award was made in the form of a check payable to Dana Livneh. The decision was based on the parties' agreement as stated in the proffer. Petitioner was represented by Elizabeth Martin Muldowney, Esq., and respondent was represented by Ann Donohue Martin, Esq. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, treatments, or expert testimony.

Theory of causation field:
Petitioner Dana Livneh alleged that the Tdap vaccine received on December 1, 2010, caused severe and debilitating pain and immobility in her left shoulder and arm. The case resulted in a compensated outcome. The theory of causation was not explicitly detailed in the provided public text, but the outcome suggests an "Off-Table" theory was accepted or stipulated. The respondent filed a proffer on award of compensation, agreeing to a $90,000.00 lump sum payment to the petitioner, representing all damages available under 42 U.S.C. § 300aa-15(a). Special Master Thomas L. Gowen issued the decision on April 1, 2014, based on this proffer and agreement. Petitioner was represented by Elizabeth Martin Muldowney, Esq., and respondent was represented by Ann Donohue Martin, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00146-0
Date issued/filed: 2014-04-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 3/11/2014) regarding 31 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00146-UNJ Document 35 Filed 04/01/14 Page 1 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-146V
Filed: March 11, 2014
(Not to be published)
***********************************************
DANA LIVNEH, *
* Damages; Decision Based on Proffer;
Petitioner, * Tdap; Shoulder pain and immobility
v. *
*
SECRETARY OF THE DEPARTMENT *
OF HEALTH AND HUMAN SERVICES, *
*
Respondent. *
***********************************************
Elizabeth Martin Muldowney, Esq., Rawls, McNelis and Mitchell, P.C. for petitioner.
Ann Donohue Martin, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Gowen, Special Master:
On February 27, 2013, Dana Livneh [“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” or “Program”] alleging that she suffered severe and debilitating
pain and immobility in her left shoulder and arm, which was caused-in-fact by the
tetanus-diptheria-acellular pertussis [“Tdap”] vaccine she received on December 1,
2010. Petition at 1. On March 11, 2014, respondent filed a proffer on award of
compensation, which indicated that the petitioner agreed to the compensation amount.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $90,000.00 in the form of a check payable to petitioner, Dana
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision 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), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete 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 (2006).

Case 1:13-vv-00146-UNJ Document 35 Filed 04/01/14 Page 2 of 4
Livneh 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/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

Case 1:13-vv-00146-UNJ Document 35 Filed 04/01/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
DANA LIVNEH, )
)
Petitioner, )
) No. 13-146V
v. ) Special Master Gowen
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$90,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $90,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division

Case 1:13-vv-00146-UNJ Document 35 Filed 04/01/14 Page 4 of 4
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/ ANN D. MARTIN
ANN D. MARTIN
Senior 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) 307-1815
DATED: March 11, 2014
2