VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00282
Package ID: USCOURTS-cofc-1_16-vv-00282
Petitioner: Gretchen Kokotovich
Filed: 2016-10-05
Decided: 2017-02-13
Vaccine: Tdap
Vaccination date: 2015-04-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Gretchen Kokotovich filed a petition for compensation under the National Vaccine Injury Compensation Program on February 29, 2016, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her Tetanus-diphtheria-acellular pertussis (Tdap) vaccination on April 3, 2015. The case was assigned to the Special Processing Unit. On September 30, 2016, the respondent filed a Rule 4(c) report conceding that compensation was appropriate. The respondent concluded that petitioner's alleged injury was consistent with SIRVA and was caused in fact by the Tdap vaccine received on April 3, 2015. The respondent also noted that no other causes for the SIRVA were identified and that the petitioner had suffered sequelae for more than six months, satisfying all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on October 5, 2016, finding petitioner entitled to compensation. Subsequently, on October 19, 2016, the respondent filed a proffer on the award of compensation, proposing an award of $75,000.00, which the petitioner agreed to. In a Decision Awarding Damages dated February 13, 2017, Chief Special Master Dorsey adopted the terms of the proffer. Petitioner Gretchen Kokotovich was awarded a lump sum payment of $75,000.00, payable by check to her, representing compensation for all damages available under the Act. Maximillian J. Muller of Muller Brazil, LLP, represented the petitioner, and Alice Isabel Legat Tayman of the U.S. Department of Justice represented the respondent. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Gretchen Kokotovich alleged a shoulder injury related to vaccine administration (SIRVA) caused by her April 3, 2015 Tetanus-diphtheria-acellular pertussis (Tdap) vaccination. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA and caused in fact by the Tdap vaccine, with no other identified causes and sequelae lasting over six months. The case proceeded to a damages decision based on a proffer. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on October 5, 2016, finding petitioner entitled to compensation. A subsequent Decision Awarding Damages on February 13, 2017, awarded petitioner a lump sum of $75,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a). The public text does not specify the mechanism of injury or name any experts. Petitioner was represented by Maximillian J. Muller, and respondent by Alice Isabel Legat Tayman.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00282-0
Date issued/filed: 2017-01-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/05/2016) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00282-UNJ Document 27 Filed 01/10/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-282V
Filed: October 5, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GRETCHEN KOKOTOVICH, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Tetanus-diphtheria-acellular Pertussis
* (“Tdap”) Vaccination; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alice Isabel Legat Tayman, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 29, 2016, 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”). Petitioner alleges that she suffered a shoulder injury that was caused in
fact by her April 3, 2015 Tetanus-diphtheria-acellular pertussis vaccination. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On September 30, 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 “has concluded that compensation is
appropriate in this case. [Respondent] has concluded that petitioner’s alleged injury is
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-00282-UNJ Document 27 Filed 01/10/17 Page 2 of 2
consistent with shoulder injury related to vaccine administration (“SIRVA”), and that it
was caused-in-fact by the Tdap vaccine she received on April 3, 2015.” Id. at 3.
Respondent further agrees that no other causes have been identified “for petitioner’s
SIRVA, and records show that she has suffered the sequela of her injury for more than
six months.” Id. Respondent additionally indicates that “based on the record as it now
stands, petitioner has satisfied all legal prerequisites for compensation under the Act.”
Id. at 4.
In view of respondent’s concession and the evidence before me, the
undersigned finds 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-00282-1
Date issued/filed: 2017-02-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/21/2016) regarding 22 DECISION of Special Master ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00282-UNJ Document 29 Filed 02/13/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-282V
Filed: October 21, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GRETCHEN KOKOTOVICH, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Tetanus-diphtheria-acellular Pertussis
* (“Tdap”) Vaccination; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alice Isabel Legat Tayman, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 29, 2016, 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”). Petitioner alleges that alleges that she suffered a shoulder injury that
was caused in fact by her April 3, 2015 Tetanus-diphtheria-acellular pertussis
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 5, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On
October 19, 2016, respondent filed a proffer on award of compensation (“Proffer”)
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-00282-UNJ Document 29 Filed 02/13/17 Page 2 of 4
indicating petitioner should be awarded $75,000.00. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award. 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 $75,000.00 in the form of a check payable to
petitioner, Gretchen Kokotovich. 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-00282-UNJ Document 29 Filed 02/13/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GRETCHEN KOKOTOVICH, )
)
Petitioner, ) No. 16-282V
) Chief Special Master Nora Beth Dorsey
v. )
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
On October 5, 2016, the Chief Special Master issued a Ruling on Entitlement finding 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:
The parties recommend that the compensation provided to Gretchen Kokotovich
should be made through a lump sum payment as described below, and request that the
special master’s decision and the Court’s judgment award the following:1
A lump sum payment of $75,000.00 in the form of a check payable to petitioner,
Gretchen Kokotovich. This amount accounts for all elements of compensation under
42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 and future pain and suffering.
1

Case 1:16-vv-00282-UNJ Document 29 Filed 02/13/17 Page 4 of 4
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
ALTHEA DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
/s/Alice Tayman
ALICE TAYMAN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4055
Dated: October 17, 2016
2