VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00802
Package ID: USCOURTS-cofc-1_15-vv-00802
Petitioner: Asharam Tamang
Filed: 2015-12-10
Decided: 2016-08-04
Vaccine: Tdap
Vaccination date: 2013-04-23
Condition: adhesive capsulitis
Outcome: compensated
Award amount USD: 96223

AI-assisted case summary:
Asharam Tamang filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered cellulitis and adhesive capsulitis as a result of a Tetanus-diphtheria-acellular pertussis (Tdap) vaccination he received on April 23, 2013. The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) report conceding that Mr. Tamang was entitled to compensation for adhesive capsulitis, although arguing that the cellulitis did not meet the duration requirement. Mr. Tamang agreed with the respondent's assessment. A ruling on entitlement was issued on December 10, 2015, finding Mr. Tamang entitled to compensation for his adhesive capsulitis. Subsequently, on June 17, 2016, the respondent filed a proffer of damages, proposing an award of $85,000.00 for pain and suffering and $11,223.27 for past unreimbursed expenses, totaling $96,223.27. Mr. Tamang agreed with this proffered award. The decision on August 4, 2016, awarded Mr. Tamang a lump sum payment of $96,223.27, representing compensation for actual and projected pain and suffering and past unreimbursed expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00802-0
Date issued/filed: 2016-04-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/10/2015) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00802-UNJ Document 26 Filed 04/27/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-802V
Filed: December 10, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ASHARAM TAMANG, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus, Diphtheria, acellular Pertussis;
* (“Tdap”) Vaccine; Adhesive Capsulitis;
SECRETARY OF HEALTH * Cellulitis; Shoulder Injury Related to
AND HUMAN SERVICES, * Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 29, 2015, Asharam Tamang (“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”]. Petitioner alleges that he
suffered cellulitis and adhesive capsulitis caused by tetanus, diphtheria, and pertussis
(“Tdap”) he received on April 23, 2013. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On November 9, 2015, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 6. Although she argued that “with respect to the allegation of cellulitis, . .
. petitioner has not established that his sequelae lasted for greater than six months,”
respondent concluded that petitioner suffered adhesive capsulitis with was casually
1 Because this unpublished ruling 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-00802-UNJ Document 26 Filed 04/27/16 Page 2 of 2
related to his vaccination. Id. On December 8, 2015, petitioner filed a status report
indicating he agreed with respondent’s assessment of his claim.
In view of respondent’s concession to which petitioner agrees and the
evidence before me, the undersigned finds that petitioner is entitled to
compensation for his adhesive capsulitis.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00802-1
Date issued/filed: 2016-08-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/20/2016) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00802-UNJ Document 37 Filed 08/04/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-802V
Filed: June 20, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ASHARAM TAMANG *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Tetanus-Diphtheria-Acellular Pertussis
* (“Tdap”) Vaccine; Adhesive Capsulitis;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 29, 2015, 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 cellulitis and adhesive capsulitis as a result of
a Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On December 10, 2015, a ruling on entitlement was issued, finding petitioner
entitled to compensation for adhesive capsulitis. On June 17, 2016, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$85,000.00 in actual and projected pain and suffering, and $11,223.27 in damages for
past unreimbursed expenses. Proffer at 1. In the Proffer, respondent represented that
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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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-00802-UNJ Document 37 Filed 08/04/16 Page 2 of 4
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, the undersigned awards
petitioner a lump sum payment of $96,223.27 which represents compensation for
actual and projected pain and suffering ($85,000.00) and past unreimbursed
expenses ($11,223.27) in the form of a check payable to petitioner, Asharam
Tamang. 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/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-00802-UNJ Document 37 Filed 08/04/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
ASHARAM TAMANG, )
)
Petitioner, )
) No. 15-802
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation
For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on November 9, 2015. This proffer contains all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $85,000.00 in actual and projected
pain and suffering. This amount reflects that the award for projected pain and suffering has been
reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursed Expenses
Petitioner has submitted documentation for $11,223.27 in unreimbursed expenses in this
case, to which respondent has no objection. Thus respondent proffers that petitioner should be
awarded $11,227.27 for past unreimbursed expenses. Petitioner agrees.
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.
1

Case 1:15-vv-00802-UNJ Document 37 Filed 08/04/16 Page 4 of 4
C. Lost Wages
The parties agree that based upon the evidence of record, petitioner’s vaccine-related
injury has not impaired his earning capacity. Therefore, respondent proffers that petitioner
should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-
15(a)(3)(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 $96,223.27 in the form of a check payable to petitioner. The
payment consists of $85,000.00 in past and future pain and suffering, and $11,223.27 in past
unreimbursed expenses.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Tort Branch, Civil Division
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: June 17, 2016 Telephone: (202) 616-7678
2