VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00154
Package ID: USCOURTS-cofc-1_16-vv-00154
Petitioner: Christina Garber
Filed: 2016-02-01
Decided: 2016-08-29
Vaccine: Tdap
Vaccination date: 2015-02-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75657

AI-assisted case summary:
Christina Garber filed a petition on February 1, 2016, alleging that she received a Tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on February 19, 2015, and subsequently suffered a shoulder injury caused by the vaccination. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 6, 2016, conceding that Ms. Garber's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that it was compensable under the National Vaccine Injury Compensation Program. Based on this concession, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on May 9, 2016, finding Ms. Garber entitled to compensation. Subsequently, on July 5, 2016, the parties submitted a joint proffer on the award of compensation. The respondent proffered that Ms. Garber should be awarded $75,657.82, representing all elements of compensation available under the Vaccine Act. Ms. Garber agreed with this proffered award. On August 29, 2016, Chief Special Master Dorsey issued a decision awarding Ms. Garber a lump sum payment of $75,657.82, payable by check to Ms. Garber. Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Justine Walters of the U.S. Department of Justice.

Theory of causation field:
Petitioner Christina Garber alleged that she received a Tdap vaccine on February 19, 2015, and thereafter suffered a shoulder injury caused in fact by the vaccination. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was compensable. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No experts were named in the public text. The case was resolved via concession and proffer. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on May 9, 2016, finding petitioner entitled to compensation. On July 5, 2016, respondent filed a Proffer on Award of Compensation, agreeing to an award of $75,657.82, which petitioner accepted. Chief Special Master Dorsey issued a Decision Awarding Damages on August 29, 2016, awarding a lump sum of $75,657.82. Petitioner's counsel was Maximillian Muller, and respondent's counsel was Justine Walters.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00154-0
Date issued/filed: 2016-06-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/09/2016) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00154-UNJ Document 17 Filed 06/01/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0154V
Filed: May 9, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINA GARBER, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus, Diphtheria, acellular Pertussis
v.
* (“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.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 1, 2016, Christina Garber (“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 she
“received a Tetanus, diphtheria, and pertussis (“Tdap”) vaccine on February 19, 2015
and thereafter suffered from a shoulder injury, which was caused in fact by the above-
stated vaccination.” Petition at 1. Petitioner further alleged that she received her
vaccination in the United States, that she has suffered the residual effects of her injury
for more than six months, and that she has not received compensation for her injury
alleged as vaccine caused. Id. at ¶¶ 2, 15, 18. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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 1:16-vv-00154-UNJ Document 17 Filed 06/01/16 Page 2 of 2
On May 6, 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 believes “that a preponderance of the evidence
establishes that petitioner’s injury is consistent with SIRVA, and that petitioner’s injury is
not due to factors unrelated to her February 19, 2015, Tdap vaccination.” Id. at 3.
Thus, respondent indicates respondent’s injury is compensable as a “caused-in-fact”
injury. Id. Respondent further indicates that all other statutory and jurisdictional
requirements have been met. Id. at 3-4.
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_16-vv-00154-1
Date issued/filed: 2016-08-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/06/2016) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00154-UNJ Document 27 Filed 08/29/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-154V
Filed: July 6, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINA GARBER, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 1, 2016, Christina Garber (“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 she
“received a Tetanus, diphtheria, and pertussis (“Tdap”) vaccine on February 19, 2015
and thereafter suffered from a shoulder injury, which was caused in fact by the above-
stated vaccination.” Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On May 9, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for her shoulder injury. On July 5, 2016, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
awarded $75,657.82. Proffer at 1-2. In the Proffer, respondent represented that
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-00154-UNJ Document 27 Filed 08/29/16 Page 2 of 4
petitioner agrees with the proffered award. Id. at 2. 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 $75,657.82 in the form of a check payable to
petitioner, Christina Garber. 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::1166--vvvv--0000115544--UUNNJJ DDooccuummeenntt 2207 FFiilleedd 0078//0259//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
CHRISTINA GARBER, )
)
Petitioner, )
)
v. ) No. 16-154V
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND ) SPU
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 1, 2016, petitioner, Christina Garber, filed a petition for compensation under
the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10 to -34 (“Vaccine Act”),
alleging that she developed a shoulder injury as a result of receiving a tetanus, diphtheria,
acellular pertussis (“Tdap”) vaccine on February 19, 2015. On May 6, 2016, respondent filed
her Rule 4(c) Report stating that petitioner’s shoulder injury is consistent with a shoulder injury
related to vaccine administration (“SIRVA”) and conceding that her SIRVA is compensable
under the Vaccine Act. Accordingly, on May 9, 2016, Chief Special Master Dorsey issued a
Ruling on Entitlement finding that petitioner is entitled to compensation for her SIRVA.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$75,657.82, which represents all elements of compensation to which petitioner is entitled under

CCaassee 11::1166--vvvv--0000115544--UUNNJJ DDooccuummeenntt 2207 FFiilleedd 0078//0259//1166 PPaaggee 24 ooff 24
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 $75,657.82 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
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/ Justine Walters__________
JUSTINE WALTERS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 307-6393
DATE: July 5, 2016
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-