VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01456
Package ID: USCOURTS-cofc-1_15-vv-01456
Petitioner: Olga Galvis
Filed: 2015-12-02
Decided: 2016-05-24
Vaccine: Tdap
Vaccination date: 2014-08-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 92322

AI-assisted case summary:
Olga Galvis filed a petition for compensation under the National Vaccine Injury Compensation Program on December 2, 2015, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by a Tdap vaccination received on August 14, 2014. The respondent conceded that Ms. Galvis is entitled to compensation, opining that she experienced SIRVA of the right upper extremity within 48 hours of the vaccination and that it was more likely than not caused by the Tdap shot. The respondent also agreed that the statutory six-month sequela requirement was satisfied. A ruling on entitlement was issued on April 12, 2016, finding Ms. Galvis entitled to compensation. Subsequently, on May 24, 2016, the respondent filed a proffer indicating that Ms. Galvis should be awarded $92,322.28, an amount to which she agreed. This decision awarded Ms. Galvis a lump sum payment of $92,322.28.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01456-0
Date issued/filed: 2016-05-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/12/2016) regarding 15 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01456-UNJ Document 17 Filed 05/24/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1456V
Filed: April 12, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
OLGA GALVIS, *
*
Petitioner, * Ruling on Entitlement; Concession;
V. * Tetanus, Diphtheria, acellular Pertussis
* (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Lisa Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 2, 2015, Olga Galvis (“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 she suffered a shoulder
injury related to vaccine administration (“SIRVA”) caused in fact by the tetanus,
diphtheria, acellular pertussis (“Tdap”) vaccination she received on August 14, 2014.
Petition at 1, ¶ 19. Petitioner further alleges that she has suffered the residual effects of
her injury for more than six months, and neither she nor any other party has brought an
action for her vaccine related injuries. Id. at ¶¶ 18, 20. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On April 11, 2016, 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
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 (2012)). 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-01456-UNJ Document 17 Filed 05/24/16 Page 2 of 2
at 1. Specifically, respondent “opines that petitioner experienced SIRVA of the right
upper extremity within 48 hours of Tdap vaccine administration . . . [and] agrees that
petitioner’s SIRVA was more likely than not caused by the August 14, 2014, Tdap
vaccination.” Id. at 4. Furthermore, respondent believes that “the statutory six month
sequela requirement has been satisfied . . . [and] based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation under the Act.” Id.
(citations omitted).
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-01456-1
Date issued/filed: 2016-06-21
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/25/2016) regarding 19 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01456-UNJ Document 26 Filed 06/21/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1456V
Filed: May 25, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
OLGA GALVIS, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Tetanus, Diphtheria, acellular Pertussis
* (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration;
AND HUMAN SERVICES, * (“sirva”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Lisa Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 2, 2015, Olga Galvis (“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 she suffered a shoulder
injury related to vaccine administration (“SIRVA”) caused in fact by the tetanus,
diphtheria, acellular pertussis (“Tdap”) vaccination she received on August 14, 2014.
Petition at 1, ¶ 19. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On April 12, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her shoulder injury. On May 24, 2016, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $92,322.28.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
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-01456-UNJ Document 26 Filed 06/21/16 Page 2 of 4
proffered award. Id. 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 $92,322.28 in the form of a check payable to
petitioner, Olga Galvis. 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

CCaassee 11::1155--vvvv--0011445566--UUNNJJ DDooccuummeenntt 1286 FFiilleedd 0056//2241//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
OLGA GALVIS, *
*
Petitioner, * No. 15-1456
* CHIEF SPECIAL MASTER
v. * NORA BETH DORSEY
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$92,322.28, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 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 $92,322.28 in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
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.
2 Petitioner is a competent adult. Proof of guardianship is not required in this case.

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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/ Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4099
Dated: May 24, 2016
2