VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00312
Package ID: USCOURTS-cofc-1_15-vv-00312
Petitioner: Jovan Ragia
Filed: 2015-07-30
Decided: 2016-09-23
Vaccine: Tdap
Vaccination date: 2014-04-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 121072

AI-assisted case summary:
Jovan Ragia filed a petition for compensation under the National Vaccine Injury Compensation Program on July 30, 2015, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by a Tdap vaccine he received on April 16, 2014. The respondent conceded that compensation was appropriate, concluding that petitioner suffered a non-Table injury of SIRVA that was causally related to the vaccination and had lasted for more than six months. Based on this concession and the evidence, the court ruled in favor of entitlement. Subsequently, on October 14, 2015, the parties filed a stipulation for damages. The respondent proffered an award of $109,579.18, which included compensation for lost earnings ($8,326.22), pain and suffering ($100,000.00), and past unreimbursable expenses ($1,252.96). The court awarded this amount. Later, on November 30, 2015, the parties filed a stipulation for attorney fees and costs, agreeing to an award of $12,493.31. The court granted this request, awarding the total sum jointly to the petitioner and his counsel.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00312-0
Date issued/filed: 2015-09-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/30/2015) regarding 15 Ruling on Entitlement (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00312-UNJ Document 17 Filed 09/02/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0312V
Filed: July 30, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOVAN RAGIA, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Tetanus, Diphtheria, acellular Pertussis
* Vaccine (“Tdap”); Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Esq., Howie Law, P.C., Dallas, TX, for petitioner.
Claudia Gangi, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On March 26, 2015, Jovan Ragia 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”]. Petitioner alleges that he suffered a shoulder injury
caused by the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine he received on
April 16, 2014. Petition at 1, ¶¶ 1, 21. Petitioner also alleges that his injuries lasted
more than six months and that he continues to suffer the residual effects of his injury.
Id., ¶¶ 18-19. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On July 29, 2015, respondent filed her Rule 4 report in which she concedes that
petitioner “compensation is appropriate” in this case. Respondent’s Rule 4 Report at 5.
Specifically, respondent “concludes that petitioner suffered a non-Table injury of SIRVA
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post it 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), 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:15-vv-00312-UNJ Document 17 Filed 09/02/15 Page 2 of 2
and that the preponderance of the medical evidence indicates that the injury was
causally related to the Tdap vaccination he received on April 16, 2014.” Id.
Furthermore, respondent agrees that petitioner has “met the statutory requirements by
suffering the condition for more than six months.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00312-1
Date issued/filed: 2016-03-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/30/2015) regarding 28 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00312-UNJ Document 31 Filed 03/23/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-312V
Filed: November 30, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOVAN RAGIA, *
*
Petitioner, *
v. * Attorney Fees and Costs; Stipulation
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On March 26, 2015, Jovan Ragia (“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”]. Petitioner alleges that he suffered a shoulder injury caused
by the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine he received on April 16,
2014. Petition at 1. On October 14, 2015, the undersigned issued a decision awarding
compensation to petitioner based on respondent’s proffer to which petitioner agreed.
On November 30, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $12,493.31 for attorney’s fees and costs. In accordance with General Order
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), petitioners have 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-00312-UNJ Document 31 Filed 03/23/16 Page 2 of 2
#9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses in
this case. Stipulation, ¶ 6.
The Vaccine Act permits an award of reasonable attorneys’ 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 attorneys’ fees and costs.
Accordingly, I award the total of $12,493.313 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel John R. Howie.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-00312-2
Date issued/filed: 2016-09-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/14/2015) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00312-UNJ Document 32 Filed 09/23/16 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-312V
Filed: October 14, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOVAN RAGIA, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus, Diphtheria, Acellular Pertussis
* Vaccine (Tdap); Shoulder Injury Related
SECRETARY OF HEALTH * to Vaccine Administration (SIRVA);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 26, 2015, Jovan Ragia (“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”]. Petitioner alleges that he suffered a shoulder injury caused
by the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine he received on April 16,
2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On July 30, 2015, the undersigned issued a ruling on entitlement in favor of
petitioner. On October 14, 2015, respondent filed a proffer on award of compensation
[“Proffer”] stating that petitioner should be awarded a lump sum in the amount of
$109,579.18. Proffer at 2. This amount represents compensation for lost earnings
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it 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), 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-00312-UNJ Document 32 Filed 09/23/16 Page 2 of 5
($8,326.22), pain and suffering ($100,000.00), and past unreimbursable expenses
($1,252.96).
Based on the record as a whole, the undersigned finds that petitioner is entitled
to an award as set forth in the Proffer. Pursuant to the terms stated in the attached
Proffer, the undersigned awards the following:
A. A lump sum payment of $109,579.18, in the form of a check payable to
petitioner, Jovan Ragia. This amount represents compensation for all damages
that would be available under § 300aa-15(a).
Proffer ¶III.
The clerk of the court is directed to enter judgment in accordance with this
decision.3
s/Nora Beth Dorsey
Nora Beth Dorsey
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

Case 1:15-vv-00312-UNJ Document 32 Filed 09/23/16 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
JOVAN RAGIA, )
)
Petitioner, )
) No. 15-312V
v. ) Chief 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, Jovan Ragia has suffered a past
loss of earnings as a result of his vaccine-related injury. Therefore, respondent proffers that the
Court should award Jovan Ragia a lump sum of $8,326.22 for his 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 Jovan Ragia a lump sum of $100,000.00
for his actual and projected pain and suffering. This amount reflects that the award for projected

Case 1:15-vv-00312-UNJ Document 32 Filed 09/23/16 Page 4 of 5
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 Jovan Ragia’s expenditure of past
unreimubursable expenses as a result of his vaccine-related injury. Respondent proffers that the
Court should award Jovan Ragia a lump sum of $1,252.96 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 his 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 Chief Special Master’s
decision and the Court’s judgment award the following1: a lump sum payment of $109,579.18,
representing compensation for lost earnings ($8,326.22), pain and suffering ($100,000.00), and
past unreimbursable expenses ($1,252.96), in the form of a check payable to petitioner, Jovan
Ragia.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner: $109,579.18
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 pain and
suffering.

Case 1:15-vv-00312-UNJ Document 32 Filed 09/23/16 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: October 14, 2015