VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01091
Package ID: USCOURTS-cofc-1_14-vv-01091
Petitioner: Natalee Hessell
Filed: 2014-11-10
Decided: 2015-12-14
Vaccine: Tdap
Vaccination date: 2013-04-10
Condition: adhesive capsulitis
Outcome: compensated
Award amount USD: 135060

AI-assisted case summary:
Natalee Hessell filed a petition on November 10, 2014, alleging that a Tetanus-diphtheria acellular pertussis (Tdap) vaccination she received on April 10, 2013, caused her to develop adhesive capsulitis in her right shoulder. The respondent, the Secretary of Health and Human Services, reviewed the case and conceded that the injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and recommended compensation. The Special Master reviewed the record and found that Ms. Hessell was entitled to compensation. Subsequently, on November 5, 2015, the parties submitted a Proffer on Award of Compensation. Based on this proffer, the court awarded Ms. Hessell a lump sum payment of $135,060.00 to cover all damages. Additionally, a separate decision on December 14, 2015, awarded $31,000.00 for attorneys' fees and costs, to which the respondent did not object. The case was resolved through stipulation and proffer, with entitlement and damages being awarded.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01091-0
Date issued/filed: 2015-08-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/14/2015) regarding 26 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-01091-UNJ Document 32 Filed 08/11/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
NATALEE HESSELL, *
* No. 14-1091V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: July 14, 2015
*
SECRETARY OF HEALTH * Stipulation; Tetanus-diphtheria
AND HUMAN SERVICES, * acellular pertussis (“Tdap”) vaccine;
* shoulder injury related to vaccine
* administration (“SIRVA”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol Schwartz, Philadelphia, PA, for petitioner;
Adriana Ruth Teitel, United States Dep’t of Justice, Washington, DC, for
respondent.
UNPUBLISHED RULING FINDING ENTITLEMENT1
On November 10, 2014, Natalee Hessell filed a petition under the National
Childhood Vaccine Injury Act, 42 U.S.C. § 300aa—10 through 34 (2012), alleging
that she suffered from adhesive capsulitis related to her receipt of a Tetanus-
diphtheria acellular pertussis (“Tdap”) vaccination in her right shoulder on April
10, 2013.
In her Rule 4(c) report, respondent stated that “compensation is appropriate
in this case.” Resp’t’s Rep., filed July 9, 2015, at 1. Respondent added that the
Division of Injury Compensation Programs, U.S. Department of Health and
Human Services, has reviewed the facts of this case and has concluded that the
1 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.

Case 1:14-vv-01091-UNJ Document 32 Filed 08/11/15 Page 2 of 2
alleged injury, lasting for more than six months, “is consistent with a shoulder
injury related to vaccine administration (‘SIRVA’),” and thus that “petitioner has
satisfied all legal prerequisites for compensation under the Act.” Id. at 6 (citations
omitted).
Special masters may determine whether a petitioner is entitled to
compensation based upon the record. A hearing is not required. 42 U.S.C. §
300aa-13; Vaccine Rule 8(d). Based upon a review of the record as a whole, the
undersigned finds that petitioner has established that she is entitled to
compensation for her injury.
Accordingly, Ms. Hessell is entitled to compensation. The process for
quantifying the amount of damages to which Ms. Hessell is entitled will be
discussed at the status conference previously set for Wednesday, July 15, 2015 at
10:00 A.M. Eastern Time.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 In anticipation of the status conference, petitioner shall begin gathering the materials
respondent requests in her Rule 4 Report. Resp’t’s Rep. at 6-7.
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01091-1
Date issued/filed: 2015-12-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/09/2015) regarding 37 DECISION of Special Master. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-01091-UNJ Document 46 Filed 12/14/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
NATALEE HESSELL, * No. 14-1091V
*
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: November 9, 2015
*
* Damages; decision based on proffer;
SECRETARY OF HEALTH * tetanus-diphtheria acellular pertussis
AND HUMAN SERVICES, * (“Tdap”) vaccine; shoulder injury
* related to vaccine administration
Respondent. * (“SIRVA”).
* * * * * * * * * * * * * * * * * * * * *
Lawrence Cohan, Anapol Schwartz, Philadelphia, PA, for Petitioner;
Adriana Teitel, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On November 10, 2014, Natalee Hessell filed a petition seeking
compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §
300aa-10 through 34 (2012), alleging that the tetanus-diphtheria acellular pertussis
(“Tdap”) vaccination she received on April 10, 2013, caused her to suffer right
adhesive capsulitis. On July 9, 2015, respondent filed her Rule 4 report, in which
she recommended that the Court find petitioner entitled to compensation for a
shoulder injury related to vaccine administration (“SIRVA”). On July 14, 2015,
the undersigned determined that petitioner is entitled to compensation under the
Vaccine Act.
On November 5, 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
1 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.

Case 1:14-vv-01091-UNJ Document 46 Filed 12/14/15 Page 2 of 4
award as stated in the Proffer. Pursuant to the attached Proffer, Appendix A, the
court awards petitioner:
A lump sum payment of $135,060.00, in the form of a check payable to
Natalee Hessell. 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 of the court is directed to enter judgment herewith.
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
2

Case 1:14-vv-01091-UNJ Document 46 Filed 12/14/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
NATALEE HESSELL,
Petitioner,
v. No. 14-1091V
Special Master Moran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
On November 10, 2014, Natalee Hessell (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. The Petition alleges that petitioner received a tetanus-
diphtheria (“Tdap”) vaccination on April 10, 2013, and as a result of the vaccine she suffered right
adhesive capsulitis. Petition at 1. On July 9, 2015, the Secretary of Health and Human Services
(“respondent”) filed a Vaccine Rule 4(c) report, conceding that petitioner suffered from a shoulder
injury related to vaccine administration (“SIRVA”), and recommending that the Court award
petitioner compensation. Id. at 4-5. Respondent hereby submits the following proffer regarding the
award of compensation.
1 This proffer does not include attorneys’ fees and costs, which the parties intend to discuss after the Damages
Decision is issued.
1

Case 1:14-vv-01091-UNJ Document 46 Filed 12/14/15 Page 4 of 4
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$135,060.00, 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
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $135,060.00, in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
BENJAMINN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
ALTHEA W. DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
/s Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: November 5, 2015
2 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.
2

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-01091-2
Date issued/filed: 2015-12-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/20/2015) regarding 42 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-01091-UNJ Document 47 Filed 12/14/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
NATALEE HESSELL, * No. 14-1091V
*
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: November 20, 2015
*
* Attorneys’ fees and costs; award in
SECRETARY OF HEALTH * the amount to which respondent
AND HUMAN SERVICES, * does not object.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Lawrence Cohan, Anapol Schwartz, Philadelphia, PA, for Petitioner;
Adriana Teitel, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On November 17, 2015, respondent filed a stipulation of fact concerning
final attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $31,000.00, an amount to which respondent does not object.
The Court awards this amount.
On November 10, 2014, Natalee Hessell filed a petition for compensation
alleging that the tetanus-diphtheria acellular pertussis (“Tdap”) vaccine she
received on April 10, 2013, caused her to suffer right adhesive capsulitis.
Petitioner received compensation based upon the parties’ stipulation. Decision,
1 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.

Case 1:14-vv-01091-UNJ Document 47 Filed 12/14/15 Page 2 of 2
Nov. 9, 2015. Because petitioner received compensation, she is entitled to an
award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $31,000.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she did not incur any out-of-pocket litigation costs. Respondent has no
objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following;
A lump sum payment of $31,000.00, in the form of a check made
payable to petitioner and petitioner’s attorney, Lawrence Cohan, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
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
2