VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00865
Package ID: USCOURTS-cofc-1_13-vv-00865
Petitioner: Ronda Odom
Filed: 2013-11-01
Decided: 2015-09-16
Vaccine: DTaP
Vaccination date: 2012-08-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 754816

AI-assisted case summary:
Ronda Odom filed a petition on November 1, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a Diphtheria-Tetanus-acellular Pertussis (DTaP) vaccine administered to her left arm on August 30, 2012, caused pain in her left shoulder, consistent with a shoulder injury related to vaccine administration (SIRVA). The respondent filed a Rule 4(c) report on February 11, 2014, conceding that Ms. Odom's injury was consistent with SIRVA and that she met all legal requirements for compensation under the Act. On May 21, 2015, the respondent filed a Proffer on Award of Compensation, which Ms. Odom agreed to. Special Master Nora Beth Dorsey adopted this proffer as the decision of the Court. Ms. Odom was awarded a lump sum of $754,816.83. This amount included $653,922.50 for lost earnings, $100,000.00 for pain and suffering, and $894.33 for past unreimbursable expenses, as provided under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs totaling $42,743.39 were awarded separately. The decision was issued by Special Master Dorsey on September 16, 2015, following a stipulation of facts concerning attorneys' fees and costs filed on August 21, 2015. Petitioner was represented by John Robert Howie, Jr. of Howie Law, P.C., and respondent was represented by Claudia Barnes Gangi of the United States Department of Justice.

Theory of causation field:
Petitioner Ronda Odom alleged that a DTaP vaccine administered on August 30, 2012, in her left arm caused a shoulder injury related to vaccine administration (SIRVA) manifesting as left shoulder pain. Respondent conceded the injury was consistent with SIRVA and that petitioner met the legal prerequisites for compensation under the National Vaccine Injury Compensation Program in a Rule 4(c) report filed February 11, 2014. Special Master Nora Beth Dorsey adopted respondent's Proffer on Award of Compensation filed May 21, 2015. The award totaled $754,816.83, comprising $653,922.50 for lost earnings, $100,000.00 for pain and suffering, and $894.33 for past unreimbursable expenses. Attorneys' fees and costs of $42,743.39 were awarded separately. Petitioner was represented by John Robert Howie, Jr. of Howie Law, P.C., and respondent was represented by Claudia Barnes Gangi of the United States Department of Justice. The decision awarding damages was issued May 21, 2015, and the decision on attorneys' fees and costs was issued September 16, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00865-1
Date issued/filed: 2015-06-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/21/2015) regarding 49 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. Modified on 6/17/2015 - updated pdf(jt1).
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CCaassee 11::1133--vvvv--0000886655--UUNNJJ DDooccuummeenntt 5555 FFiilleedd 0066//1111//1155 PPaaggee 11 ooff 25
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-865V
Filed: May 21, 2015
* * * * * * * * * * * * * * * UNPUBLISHED
RONDA ODOM, *
* Special Master Dorsey
Petitioner, *
*
v. *
* Decision on Proffer; Damages;
SECRETARY OF HEALTH * Diphtheria-Tetanus-Acellular-
AND HUMAN SERVICES, * Pertussis (DTaP) Vaccine; Shoulder
* Pain (SIRVA).
Respondent. *
*
* * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Claudia Barnes Gangi, United States Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 1, 2013, Ronda Odom (“petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34
(2006). Petitioner alleged that she suffered pain in her left shoulder secondary to a Diphtheria-
Tetanus-acellular Pertussis (“DTaP”) vaccine she received in her left arm on August 30, 2012.
See Petition at 1.
On February 11, 2014, respondent filed a report pursuant to Vaccine Rule 4(c) conceding
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

CCaassee 11::1133--vvvv--0000886655--UUNNJJ DDooccuummeenntt 5555 FFiilleedd 0066//1111//1155 PPaaggee 22 ooff 25
that petitioner is entitled to compensation in this case. Respondent’s Report at 3-5. Specifically,
respondent stated that petitioner’s alleged injury is consistent with a shoulder injury related to
vaccine administration (SIRVA) and that petitioner has satisfied all legal prerequisites for
compensation under the Act. Id. at 4.
On May 21, 2015, respondent filed a Proffer on Award of Compensation (“Proffer”). 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 (Appendix A), the undersigned awards
petitioner:
A lump sum of $754,816.83, in the form of a check payable to petitioner, Ronda
Odom. This amount represents compensation for lost earnings ($653,922.50), pain and
suffering ($100,000.00), and past unreimbursable expenses ($894.33).
Proffer ¶ II.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

Case 1:13-vv-00865-UNJ Document 55 Filed 06/11/15 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
RONDA ODOM, )
)
Petitioner, )
) No. 13-865V
v. ) Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioner is not entitled to an
award for projected unreimbursable medical care expenses incurred from the date of judgment as
provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, Ronda Odom has suffered a
past loss of earnings and will suffer future lost earnings as a result of her vaccine-related injury.
Therefore, respondent proffers that the Court should award Ronda Odom a lump sum of
$653,922.50 for her lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-
15(a)(3)(A). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that the Court should award Ronda Odom a lump sum of
$100,000.00 for her actual and projected pain and suffering. This amount reflects that the award

Case 1:13-vv-00865-UNJ Document 55 Filed 06/11/15 Page 4 of 5
for projected pain and suffering has been reduced to net present value. See § 300aa-15(a)(4).
Petitioner agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Ronda Odom’s expenditure of past
unreimubursable expenses as a result of her vaccine-related injury. Respondent proffers that the
Court should award Ronda Odom a lump sum of $894.33 for past unreimbursable expenses as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to her vaccine-
related injury.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below and request that the Special Master’s decision
and the Court’s judgment award the following1: a lump sum payment of $754,816.83,
representing compensation for lost earnings ($653,922.50), pain and suffering ($100,000.00),
and past unreimbursable expenses ($894.33), in the form of a check payable to petitioner, Ronda
Odom.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner: $754,816.83
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 medical
expenses, future lost earnings, and future pain and suffering.

Case 1:13-vv-00865-UNJ Document 55 Filed 06/11/15 Page 5 of 5
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
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) 616-4138
Dated: May 21, 2015

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00865-2
Date issued/filed: 2015-09-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/25/2015) regarding 57 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:13-vv-00865-UNJ Document 60 Filed 09/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: August 25, 2015
* * * * * * * * * * * * * * UNPUBLISHED
RONDA ODOM, * No. 13-865v
*
Petitioner, * Special Master Dorsey
*
v. *
* Attorney’s Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Claudia Barnes Gangi, United States Department of Justice, Washington, DC, for respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On November 1, 2013, Ronda Odom (“petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34
(2006). Petitioner alleged that she suffered pain in her left shoulder secondary to a Diphtheria-
Tetanus-acellular Pertussis (“DTaP”) vaccine that she received in her left arm on August 30,
2012. See Petition at 1. On May 21, 2015, the undersigned entered a decision awarding
compensation to petitioner based on a proffer filed by respondent.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which
to request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted
invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00865-UNJ Document 60 Filed 09/16/15 Page 2 of 2
On August 21, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees
and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorney’s fees and costs in the amount of $42,743.39. In accordance with General Order #9,
petitioner’s counsel states that petitioner did not advance any reimbursable costs in pursuit of this
claim.
The Vaccine Act permits an award of reasonable attorney’s fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorney’s
fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, John R.
Howie, Jr., of the law firm of Howie Law, P.C., in the amount of $42,743.39.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2