VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00728
Package ID: USCOURTS-cofc-1_16-vv-00728
Petitioner: Mabel B. Markham
Filed: 2016-06-21
Decided: 2017-03-14
Vaccine: pneumococcal conjugate 13-valent
Vaccination date: 
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Mabel B. Markham filed a petition for compensation under the National Vaccine Injury Compensation Program on June 21, 2016. She alleged that she received a pneumococcal conjugate 13-valent vaccination (Prevnar-13) in her right arm and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. On February 21, 2017, a ruling on entitlement was issued, finding Ms. Markham entitled to compensation. On March 13, 2017, the respondent filed a proffer on award of compensation, indicating that Ms. Markham should be awarded $110,000.00. The petitioner agreed with this proffered award. Chief Special Master Nora Beth Dorsey issued a decision on March 14, 2017, awarding Ms. Markham a lump sum payment of $110,000.00, representing compensation for all damages available under the Vaccine Act. This amount was to be paid via check to Ms. Markham. The decision noted that attorneys' fees and litigation costs would be determined at a later date upon submission of substantiating documentation by the petitioner. The case proceeded as a Table claim, with entitlement conceded by the respondent. Petitioner was represented by Kelly Burdette of Burdette Law, PLLC, and respondent was represented by Camille Collett of the U.S. Department of Justice.

Theory of causation field:
Petitioner Mabel B. Markham alleged a shoulder injury related to vaccine administration (SIRVA) following a pneumococcal conjugate 13-valent vaccination (Prevnar-13). The case proceeded as a Table claim. Respondent conceded entitlement. A ruling on entitlement was issued on February 21, 2017. On March 13, 2017, respondent filed a proffer on award of compensation, proposing $110,000.00. Petitioner agreed to this amount. Chief Special Master Nora Beth Dorsey issued a decision on March 14, 2017, awarding petitioner a lump sum of $110,000.00. Petitioner was represented by Kelly Burdette, and respondent was represented by Camille Collett.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00728-0
Date issued/filed: 2017-09-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/14/2017) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-728V
Filed: March 14, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MABEL B. MARKHAM, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Pneumococcal Conjugate; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Kelly Burdette, Burdette Law, PLLC, Seattle, WA, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 21, 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 received a pneumococcal conjugate 13-valent
vaccination (Prevnar-13) in her right arm and subsequently suffered a shoulder injury
related to vaccine administration (“SIRVA”). Petition at 2. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On February 21, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On March 13, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $110,000.00.
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).

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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 $110,000.00 in the form of a check payable to
petitioner, Mabel B. Markham. 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

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MABEL MARKHAM,
Petitioner,
v. No. 16-728V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 17, 2017, respondent filed a Rule 4(c) Report in which she conceded
entitlement. On February 21, 2017, the Court issued a Ruling on Entitlement, finding that
petitioner is entitled to compensation. Respondent now proffers that petitioner receive an award
of a lump sum of $110,000.00 in the form of a check payable to petitioner. This amount
represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to
which petitioner is entitled.1 This proffer does not address final attorneys’ fees and litigation
costs. Petitioner is additionally entitled to reasonable attorneys’ fees and litigation costs, to be
determined at a later date upon petitioner submitting substantiating documentation.
Petitioner agrees with the proffered award of $110,000.00 as representing all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
1 Should petitioner die prior to the 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.

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C. SALVATORE D`ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4098
E-filed: March 13, 2017
2