VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01112
Package ID: USCOURTS-cofc-1_15-vv-01112
Petitioner: Dorothy Handel
Filed: 2015-10-02
Decided: 2016-06-28
Vaccine: Tdap
Vaccination date: 2014-06-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Dorothy Handel filed a petition on October 2, 2015, seeking compensation under the National Childhood Vaccine Injury Act. She alleged that a Tdap vaccination administered on June 13, 2014, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, reviewed the case and, in a report filed March 8, 2016, conceded that compensation was appropriate. The respondent stated that the Division of Vaccine Injury Compensation had reviewed the facts and concluded that the alleged injury, which lasted for more than six months, was consistent with SIRVA, thus entitling the petitioner to compensation under the Act. Based on this concession, Special Master Christian J. Moran issued an Unpublished Ruling Finding Entitlement to Compensation on March 9, 2016, determining that Ms. Handel was entitled to compensation. A status conference was scheduled to discuss the quantification of damages. Subsequently, on June 2, 2016, the respondent filed a Proffer on Award of Compensation, which the petitioner agreed to. On June 7, 2016, Special Master Christian J. Moran issued an Unpublished Decision Awarding Damages. The Special Master found the proffer reasonable and awarded Dorothy Handel a lump sum payment of $75,000.00, payable to her, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision noted that petitioner is a competent adult and evidence of guardianship was not required. The case was litigated by Edward M. Kraus for the petitioner and Michael P. Milmoe for the respondent. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as SIRVA. The public decision also does not name any medical experts.

Theory of causation field:
Petitioner Dorothy Handel alleged that a Tdap vaccination on June 13, 2014, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and lasted more than six months, agreeing that compensation was appropriate under the Vaccine Act. The Special Master, Christian J. Moran, accepted this concession and ruled entitlement to compensation on March 9, 2016. A subsequent Proffer on Award of Compensation, filed by respondent on June 2, 2016, and agreed to by petitioner, led to a final award of $75,000.00 as a lump sum payment for all damages. The theory of causation is based on the "Table" category of SIRVA, as the respondent conceded the injury was consistent with this condition. No specific medical experts were named in the public decision. Petitioner was represented by Edward M. Kraus, and respondent was represented by Michael P. Milmoe.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01112-0
Date issued/filed: 2016-03-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 3/9/16) regarding 26 DECISION of Special Master, Signed by Special Master Christian J. Moran. (dh) Copy to parties.
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Case 1:15-vv-01112-UNJ Document 28 Filed 03/30/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
DOROTHY HANDEL, *
* No. 15-1112
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: March 9, 2016
*
SECRETARY OF HEALTH * Stipulation; tetanus, diphtheria,
AND HUMAN SERVICES, * acellular pertussis vaccine; Tdap
* vaccine; shoulder injury related to
Respondent. * vaccine administration; SIRVA
* * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner;
Michael P. Milmoe, United States Department of Justice, Washington, DC, for respondent.
UNPUBLISHED RULING FINDING ENTITLEMENT TO COMPENSATION1
On October 2, 2015, Dorothy Handel (“petitioner”) filed a petition under the National
Childhood Vaccine Injury Act, 42 U.S.C. §300a—10 et. seq., alleging that she suffered a
shoulder injury related to her receipt of the tetanus, diphtheria, acellular pertussis (“Tdap”)
vaccine on June 13, 2014.
In her Rule 4(c) report, respondent states that “compensation is appropriate under the
terms of the Vaccine Act.” Resp’t Rep’t, filed Mar. 8, 2016, at 4. Respondent adds that the
Division of Vaccine Injury Compensation, Department of Health and Human Services, has
reviewed the facts of this case and has concluded that the alleged injury, lasting for more than six
months, “is consistent with a shoulder injury related to vaccine administration (‘SIRVA’),” and
thus that “entitlement to compensation is appropriate under the terms of the Vaccine Act.” Id.
(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
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), 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-01112-UNJ Document 28 Filed 03/30/16 Page 2 of 2
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. Handel is entitled to compensation. A status conference remains
scheduled for Friday, March 18, 2016 at 11:00 A.M. Eastern Time, to discuss the process for
quantifying the amount of damages to which Ms. Handel is entitled.2
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-6392.
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 to
determine damages.
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01112-1
Date issued/filed: 2016-06-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 6/7/16) regarding 35 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties.
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Case 1:15-vv-01112-UNJ Document 39 Filed 06/28/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
DOROTHY HANDEL, *
* No. 15-1112V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: June 7, 2016
*
SECRETARY OF HEALTH * Damages; decision based on proffer;
AND HUMAN SERVICES, * shoulder injury related to vaccine
* administration (“SIRVA”); TDAP
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioner;
Michael P. Milmoe, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On October 2, 2015, Dorothy Handel filed a petition seeking compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1
et seq., alleging that the Tdap vaccination caused her to suffer a shoulder injury
related to vaccine administration (“SIRVA”). On March 9, 2016, the undersigned
ruled, based upon respondent’s concession, see Respondent’s Report, filed March
8, 2016, that petitioners are entitled to compensation under the Vaccine Act.
1 The E-Government Act, 44 § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services), 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-01112-UNJ Document 39 Filed 06/28/16 Page 2 of 4
On June 2, 2016, 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:
A lump sum payment of $75,000.00, in the form of a check payable to
petitioner, Dorothy Handel. This amount represents compensation for
all damages that would be available under 42 U.S.C. §300aa-15(a) to
which petitioner would be entitled
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 15-1112V 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.

Case 1:15-vv-01112-UNJ Document 39 Filed 06/28/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
DOROTHY HANDEL, )
)
Petitioner, ) No. 15-1112V
) Special Master Moran
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On March 9, 2016, the special master issued an Unpublished Ruling Finding Entitlement
to Compensation determining that petitioner was entitled to vaccine compensation for her
Shoulder Injury Related to Vaccine Administration (“SIRVA”). Respondent proffers that, based
on the evidence of record, petitioner should be awarded $75,000.00. This amount 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 as described below, and requests that the special master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $75,000.00 in the form of a check payable to petitioner, Dorothy
Handel. This amount accounts for all elements of compensation under 42 U.S.C.
1 Should petitioner die prior to entry of judgment, respondent reserves the right to move the Court for appropriate
relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and
future lost wages.

Case 1:15-vv-01112-UNJ Document 39 Filed 06/28/16 Page 4 of 4
§ 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Dated: June 2, 2016 Fax: (202) 616-4310