VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00835
Package ID: USCOURTS-cofc-1_15-vv-00835
Petitioner: Catherine A. Ferdetta
Filed: 2015-08-05
Decided: 2016-02-25
Vaccine: Tdap
Vaccination date: 2012-08-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Catherine A. Ferdetta filed a petition on August 5, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on August 16, 2012. The respondent, the Secretary of Health and Human Services, filed a report conceding that Ms. Ferdetta's left shoulder SIRVA injury was compensable and that the injury lasted more than six months. Special Master Christian J. Moran reviewed the record and, on October 9, 2015, issued an unpublished ruling finding that Ms. Ferdetta was entitled to compensation. A status conference was scheduled to discuss the quantification of damages. Subsequently, on December 30, 2015, the parties submitted a Proffer on Award of Compensation. On February 25, 2016, Special Master Christian J. Moran issued an unpublished decision awarding Ms. Ferdetta a lump sum of $110,000.00, payable by check to Catherine Ferdetta. This amount represents compensation for all damages available under the National Vaccine Injury Compensation Program. Petitioner was represented by Daniel R. Gage of Gage Fiore, LLC, and respondent was represented by Glenn A. MacLeod of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments received by Ms. Ferdetta, nor does it name any medical experts.

Theory of causation field:
Petitioner Catherine A. Ferdetta received a Tdap vaccination on August 16, 2012. She alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the SIRVA injury was compensable and lasted more than six months. Special Master Christian J. Moran found entitlement to compensation based on the record. The parties subsequently agreed to a proffer on award of compensation. The Special Master awarded a lump sum of $110,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a). The decision was based on a "Table" theory of causation, as indicated by the respondent's concession and the Special Master's finding of entitlement. No specific medical experts or detailed mechanism of injury were described in the public text. Petitioner's counsel was Daniel R. Gage, and respondent's counsel was Glenn A. MacLeod. Special Master Christian J. Moran issued the ruling on entitlement on October 9, 2015, and the decision awarding damages on February 25, 2016.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00835-0
Date issued/filed: 2015-11-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/9/2015) regarding 12 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:15-vv-00835-UNJ Document 15 Filed 11/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
CATHERINE A. FERDETTA, * No. 15-835V
* Special Master Christian J. Moran
Petitioner, *
*
v. *
* Filed: October 9, 2015
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Concession; SIRVA
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Daniel R. Gage, Gage Fiore, LLC, Lawrenceville, NJ, for petitioner;
Glenn MacLeod, United States Department of Justice, Washington, DC, for respondent.
UNPUBLISHED RULING FINDING ENTITLEMENT TO COMPENSATION1
On August 5, 2015, Catherine A. Ferdetta filed a petition under the National Childhood
Vaccine Injury Act, 42 U.S.C. §300a—10 through 34, alleging that she suffered a shoulder
injury related to her receipt of the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on
August 16, 2012.
In her Rule 4(c) report, respondent states that “petitioner’s left shoulder SIRVA injury is
compensable.” Resp’t Rep’t, filed Oct. 6, 2015, at 3. Respondent adds that the Division of
Injury Compensation Program, Department of Health and Human Services, has reviewed the
facts of this case and has concluded that the alleged injury lasted more than six months.
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.
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 1:15-vv-00835-UNJ Document 15 Filed 11/03/15 Page 2 of 2
Accordingly, Ms. Ferdetta is entitled to compensation. A status conference remains
set for Wednesday, October 21, 2015 at 10:00 A.M Eastern Time, to discuss the process for
quantifying the amount of damages to which Ms. Ferdetta is entitled.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00835-1
Date issued/filed: 2016-02-25
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 1/5/16) regarding 19 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: #1 Appendix Proffer)(dh) Copy to parties. Modified on 7/11/2019 to include the attachment(s) in the main document for posting to the courts website (da).
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Case 1:15-vv-00835-UNJ Document 21 Filed 02/25/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
CATHERINE A. FERDETTA, *
* No. 15-835V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: January 5, 2016
*
SECRETARY OF HEALTH * Damages; decision based on proffer;
AND HUMAN SERVICES, * Tdap vaccination; shoulder injury;
* SIRVA.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Daniel R. Gage, Gage Fiore, LLC, Lawrenceville, NJ, for Petitioner;
Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On August 5, 2015, Catherine Ferdetta filed a petition seeking
compensation under the National Vaccine Injury Compensation Program, 42
U.S.C. §§ 300aa-1 et seq., alleging that the tetanus-diphtheria-acellular pertussis
(“Tdap”) vaccination caused her to suffer a shoulder injury related to vaccine
administration (“SIRVA”).
On December 30, 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
award as stated in the Proffer. Pursuant to the attached Proffer the court awards
petitioner:
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 1:15-vv-00835-UNJ Document 21 Filed 02/25/16 Page 2 of 4
A lump sum payment of $110,000.00, in the form of a check payable to
petitioner, Catherine Ferdetta. 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 is directed to enter judgment in case 15-835V according to this decision
and the attached proffer.2
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 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
*
CATHERINE A. FERDETTA, *
*
Petitioner, *
*
v. * No. 15-835V (ECF)
* SPECIAL MASTER
* CHRISTIAN J. MORAN
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 9, 2015, the Special Master found that a preponderance of the medical
evidence indicates that petitioner suffered a shoulder injury related to vaccine administration
(“SIRVA”), which was causally related to the tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccination she received on August 16, 2012. The parties have now addressed the amount of
compensation to be awarded in this case.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a total lump sum of $110,000.00, which amount represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

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II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $110,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
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
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ GLENN A. MACLEOD
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4122
DATE: December 30, 2015
2