VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00992
Package ID: USCOURTS-cofc-1_15-vv-00992
Petitioner: Sara Miller
Filed: 2015-09-09
Decided: 2016-05-05
Vaccine: Tdap
Vaccination date: 2014-10-29
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 105281

AI-assisted case summary:
Sara Miller filed a petition for compensation under the National Vaccine Injury Compensation Program on September 9, 2015, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on October 29, 2014. The respondent, the Secretary of Health and Human Services, filed a report on January 28, 2016, conceding entitlement to compensation. The respondent concluded that the petitioner's injury was consistent with SIRVA and was caused-in-fact by the Tdap vaccine. The respondent also noted that the petitioner underwent surgery and experienced sequelae for more than six months, and no other causes for the SIRVA were identified. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 28, 2016, finding Ms. Miller entitled to compensation. Subsequently, on February 2, 2016, the parties submitted a proffer on the award of compensation. The respondent proffered an award of $105,281.03, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), and the petitioner agreed to this amount. Chief Special Master Dorsey issued a decision on February 2, 2016, awarding Ms. Miller a lump sum payment of $105,281.03, payable by check to Sara Miller. Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Darryl Wishard of the U.S. Department of Justice. The decision was issued by Chief Special Master Nora Beth Dorsey.

Theory of causation field:
Petitioner Sara Miller received a Tdap vaccine on October 29, 2014, and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the Tdap vaccine. The respondent's report noted that petitioner had surgery and suffered sequelae for more than six months, and no other causes were identified. The public decision does not describe the specific medical mechanism of injury, expert testimony, or the onset of symptoms. Entitlement was conceded by the respondent, and the case proceeded to damages. A proffer on award of compensation was filed on February 2, 2016, by respondent Darryl Wishard, with petitioner agreeing. Chief Special Master Nora Beth Dorsey issued a decision awarding a lump sum of $105,281.03 on February 2, 2016. Petitioner was represented by Maximillian Muller. The theory of causation is considered Off-Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00992-0
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/28/2016) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00992-UNJ Document 25 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0992V
Filed: January 28, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SARA MILLER, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus-diphtheria-acellular pertussis
* (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 9, 2015, Sara Miller (“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 as a result of receiving
the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on October 29, 2014, she
suffered a left shoulder injury. Petition at 1-3. The case was assigned to the Special
Processing Unit (“SPU”) of the Office of Special Masters.
On January 28, 2016, respondent filed a Rule 4(c) report in which she conceded
entitlement to compensation. Rule 4(c) Rep. at 1, 3. Specifically, respondent
concluded, based on her review of the evidence, that petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (“SIRVA”) and that it
was caused-in-fact by the Tdap vaccine she received on October 29, 2014. Id. at 3.
Respondent further stated that the medical evidence shows petitioner had surgery and
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-00992-UNJ Document 25 Filed 05/04/16 Page 2 of 2
suffered the sequela of this injury for more than six months. Id. No other causes for
petitioner’s SIRVA were identified by respondent. Id. Petitioner has therefore satisfied
all legal prerequisites for compensation under the Vaccine Act. Id.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00992-1
Date issued/filed: 2016-05-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/02/2016) regarding 16 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00992-UNJ Document 26 Filed 05/05/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0992V
Filed: February 2, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SARA MILLER, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus-diphtheria-acellular pertussis
* (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 9, 2015, Sara Miller (“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 alleged that as a result of receiving
the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on October 29, 2014, she
suffered a left shoulder injury. The case was assigned to the Special Processing Unit
(“SPU”) of the Office of Special Masters.
On January 28, 2016, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for SIRVA. On February 2, 2016, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$105,281.03. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
with the proffered award.
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-00992-UNJ Document 26 Filed 05/05/16 Page 2 of 4
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 $105,281.03 in the form of a check payable to
petitioner, Sara Miller. 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-00992-UNJ Document 26 Filed 05/05/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
SARA MILLER, )
)
Petitioner, ) No. 15-992V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 9, 2015, Sara Miller (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
-34, as amended. Petitioner alleges that as a result of receiving the tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine on October 29, 2014, she suffered a shoulder injury related to vaccine
administration (“SIRVA”) in her left shoulder that was caused-in-fact by her vaccination. On
January 28, 2016, respondent filed her Vaccine Rule 4(c) report, conceding causation-in-fact for
petitioner’s SIRVA. On January 28, 2016, the Chief Special Master issued a ruling on
entitlement, finding that petitioner was entitled to compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$105,281.03, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
discuss after the Damages Decision is issued.

Case 1:15-vv-00992-UNJ Document 26 Filed 05/05/16 Page 4 of 4
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $105,281.03, in the form of a check payable to petitioner.2
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/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: February 2, 2016 Fax: (202) 616-4310
2 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.
2