VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01088
Package ID: USCOURTS-cofc-1_16-vv-01088
Petitioner: Pauline Zand
Filed: 2016-08-31
Decided: 2018-04-30
Vaccine: Tdap
Vaccination date: 2013-11-11
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 133052

AI-assisted case summary:
Pauline Zand filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury causally related to a Tdap vaccine she received on November 11, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the evidence established that the injury to Ms. Zand's left shoulder was caused by the Tdap vaccine and that the statutory six-month sequela requirement was satisfied. Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Ms. Zand entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $133,052.00, which Ms. Zand agreed to. The Chief Special Master issued a decision awarding Ms. Zand a lump sum payment of $133,052.00, representing compensation for all damages available under the Vaccine Act. The case proceeded as an off-Table claim, and the parties stipulated to the award amount.

Theory of causation field:
Off-Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01088-0
Date issued/filed: 2017-03-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/2/2016) regarding 10 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01088-UNJ Document 16 Filed 03/16/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1088V
Filed: December 2, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAULINE ZAND, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus, Diphtheria, acellular Pertussis
v. * (“Tdap”) Vaccination; Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas, Maglio, Christopher and Toale, PA (FL), Sarasota, FL, for petitioner.
Christine Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 31, 2016, Pauline Zand (“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 casually related to the tetanus vaccine she received on November 11, 2013.
Petition at ¶¶ 1, 7. Petitioner further alleges that she received the vaccine in the United
States, 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 ¶¶ 1, 8, 11-12. 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-01088-UNJ Document 16 Filed 03/16/17 Page 2 of 2
On December 2, 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 a preponderance of
evidence establishes that the injury to petitioner’s left shoulder was caused-in-fact by
the administration of her November 11, 2013, Tdap vaccine, and that petitioner’s injury
is not due to factors unrelated to the administration of the Tdap vaccine.” Id. at 4
(citation omitted). Furthermore, respondent believes “the statutory six month sequela
requirement has been satisfied.” Id. (citation 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_16-vv-01088-2
Date issued/filed: 2018-04-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/20/2017) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01088-UNJ Document 36 Filed 04/30/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1088V
Filed: June 20, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAULINE ZAND, *
*
Petitioner, *
* Damages Decision Based on Proffer;
v. * Tetanus Vaccine; Shoulder Injury
* Related to Vaccine Administration;
SECRETARY OF HEALTH * SIRVA; Special Processing Unit; SPU
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas, Maglio, Christopher and Toale, PA (FL), Sarasota, FL, for petitioner.
Christine Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 31, 2016, Pauline Zand (“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 suffered a shoulder
injury casually related to the tetanus vaccine she received on November 11, 2013.
Petition at ¶¶ 1, 7. Petition at ¶¶ 2, 14. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On December 2, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 10). On June 20, 2017, respondent filed
a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$133,052.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
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-01088-UNJ Document 36 Filed 04/30/18 Page 2 of 4
with the 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 $133,052.00 in the form of a check payable to
petitioner, Pauline Zand. 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-01088-UNJ Document 36 Filed 04/30/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
PAULINE ZAND, )
)
Petitioner, )
) No. 16-1088V
v. ) Chief Special Master Dorsey
) ECF
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
$133,052.00 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 $133,052.00 in the form of a check payable to petitioner.
Petitioner agrees.
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.

Case 1:16-vv-01088-UNJ Document 36 Filed 04/30/18 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Date: June 20, 2017
2