VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00079
Package ID: USCOURTS-cofc-1_16-vv-00079
Petitioner: Delores Olonovich
Filed: 2016-01-14
Decided: 2017-03-02
Vaccine: Tdap
Vaccination date: 2015-02-20
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Delores Olonovich filed a petition on January 14, 2016, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on February 20, 2015, she suffered a left shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. On February 29, 2016, the respondent filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA and was caused-in-fact by the Tdap vaccine. The respondent also stated that no other causes for the injury were identified and that the petitioner had suffered sequelae for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on February 29, 2016, finding Ms. Olonovich entitled to compensation. Subsequently, on November 17, 2016, the respondent filed a proffer on the award of compensation, proposing an award of $95,000.00. The petitioner agreed with this proffered amount. On March 2, 2017, Chief Special Master Dorsey issued a decision awarding Delores Olonovich a lump sum payment of $95,000.00, payable by check to Ms. Olonovich, as compensation for her SIRVA. This amount represented all elements of compensation available under 42 U.S.C. § 300aa-15(a). 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 public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Delores Olonovich received a Tdap vaccine on February 20, 2015, and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded causation-in-fact for the SIRVA, stating the injury was caused by the Tdap vaccine and no other causes were identified. The case was assigned to the Special Processing Unit. Chief Special Master Nora Beth Dorsey ruled on entitlement on February 29, 2016, finding petitioner entitled to compensation based on the concession. On November 17, 2016, respondent filed a proffer proposing an award of $95,000.00, which petitioner accepted. Chief Special Master Dorsey issued a decision on March 2, 2017, awarding petitioner a lump sum of $95,000.00. The theory of causation was off-Table, based on respondent's concession. Petitioner's counsel was Maximillian Muller (Muller Brazil, LLP), and respondent's counsel was Darryl Wishard (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00079-0
Date issued/filed: 2016-05-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/29/2016) regarding 11 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00079-UNJ Document 14 Filed 05/06/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-079V
Filed: February 29, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DELORES OLONOVICH, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus-diphtheria-acellular pertussis;
* (“Tdap”); Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration (“SIRVA”);
AND HUMAN SERVICES, * 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 January 14, 2016, Delores Olonovich (“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 February 20,
2015, she suffered a left shoulder injury. Petition at 1-4. The case was assigned to the
Special Processing Unit (“SPU”) of the Office of Special Masters.
On February 29, 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 at 1. Specifically, respondent concluded that petitioner’s alleged injury is
consistent with shoulder injury related to vaccine administration (“SIRVA”), and that it
was caused-in-fact by the Tdap vaccine she received on February 20, 2015. Id. at 3.
Respondent further stated that she did not identify any other causes for petitioner’s
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. 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 1:16-vv-00079-UNJ Document 14 Filed 05/06/16 Page 2 of 2
SIRVA, and the records show that she has suffered the sequela of this injury for more
than six months. Id. Therefore, based on the record as it now stands, petitioner has
satisfied all legal prerequisites for compensation under the Act.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00079-1
Date issued/filed: 2017-03-02
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/17/2016) regarding 28 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00079-UNJ Document 32 Filed 03/02/17 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-079V
Filed: November 17, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DELORES OLONOVICH, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus-diphtheria-acellular pertussis
v. * (“Tdap”); Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 14, 2016, Delores Olonovich (“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 February 20,
2015, she suffered a left shoulder injury. The case was assigned to the Special
Processing Unit (“SPU”) of the Office of Special Masters.
On February 29, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). ECF No. 11. On November 17, 2016, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $95,000.00. ECF No.
27 at 2. In the Proffer, respondent represented that petitioner agrees with the proffered
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 1:16-vv-00079-UNJ Document 32 Filed 03/02/17 Page 2 of 5
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 $95,000.00 in the form of a check payable to
petitioner, Delores Olonovich. 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 1:16-vv-00079-UNJ Document 32 Filed 03/02/17 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
DOLORES OLONOVICH, )
)
Petitioner, ) No. 16-79V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 14, 2016, Dolores Olonovich (“petitioner”) filed a petition2 for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as
amended. She alleged that, as a result of receiving the tetanus-diphtheria-acellular pertussis
(“Tdap”) vaccine on February 20, 2015, she suffered a left shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1-4.
On February 29, 2016, respondent filed her Vaccine Rule 4(c) report, conceding
causation-in-fact for petitioner’s left SIRVA. On that same day, the Chief Special Master issued
a ruling on entitlement, finding that petitioner was entitled to compensation for her left SIRVA.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
discuss after the Damages Decision is issued.
2 An amended petition was filed on August 16, 2016, seeking injuries in addition to a left
SIRVA. However, based on a motion to strike filed by petitioner on November 17, 2016, the
amended petition was stricken from the record. See Order (Document 26), filed November 17,
2016. Thus, the only vaccine injury now alleged by petitioner is a left SIRVA, as alleged in the
initial petition. As such, respondent continues to concede a left SIRVA, as stated in her Vaccine
Rule 4(c) report, filed February 29, 2016.

Case 1:16-vv-00079-UNJ Document 32 Filed 03/02/17 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$95,000.00 for her left SIRVA. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $95,000.00, in the form of a check payable to petitioner.3
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
3 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

Case 1:16-vv-00079-UNJ Document 32 Filed 03/02/17 Page 5 of 5
/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: November 17, 2016 Fax: (202) 616-4310
3