VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01143
Package ID: USCOURTS-cofc-1_16-vv-01143
Petitioner: Mariela Rothermel
Filed: 2016-11-21
Decided: 2017-12-06
Vaccine: Td
Vaccination date: 2015-08-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 157890

AI-assisted case summary:
Mariela Rothermel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) causally connected to the tetanus, diphtheria (Td) vaccine she received on August 19, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner was entitled to compensation. The respondent agreed that petitioner's SIRVA was caused-in-fact by the Td vaccination and that no other causes were identified. The respondent also believed that petitioner satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding petitioner entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, indicating that petitioner should be awarded $157,890.84. The petitioner agreed with this proffered award. The court found that the petitioner was entitled to an award as stated in the proffer and awarded a lump sum payment of $157,890.84, representing compensation for all damages available under the Act.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01143-0
Date issued/filed: 2017-03-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/21/2016) regarding 11 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01143-UNJ Document 20 Filed 03/07/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1143V
Filed: November 21, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARIELA ROTHERMEL, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus, Diphtheria (“Td”) Vaccination
v. * Shoulder Injury Related to Vaccine
* Administration (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Maglio, Christopher & Toale, PA, Washington, DC, for petitioner.
Lara Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 14, 2016, Mariela Rothermel (“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 related to vaccine administration (“SIRVA”) causally
connected to the tetanus, diphtheria (“Td”) vaccine she received on August 19, 2015.
Petition at ¶¶ 2, 14. 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 ¶¶ 2, 15, 17-18. 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-01143-UNJ Document 20 Filed 03/07/17 Page 2 of 2
On November 21, 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 “agrees that petitioner’s SIRVA was caused-
in-fact by the Td vaccination she received on August 19, 2015 [and] [n]o other causes
for petitioner’s SIRVA were identified.” Id. at 3 (citation omitted). Furthermore,
respondent believes that “petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id.
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

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01143-1
Date issued/filed: 2017-12-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/06/2017) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01143-UNJ Document 35 Filed 12/06/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1143V
Filed: April 6, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARIELA ROTHERMEL, *
*
Petitioner, *
* Damages Decision Based on Proffer;
v. * Tetanus, Diphtheria (“Td”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Maglio, Christopher & Toale, PA, Washington, DC, for petitioner.
Lara Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 14, 2016, Mariela Rothermel (“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 related to vaccine administration (“SIRVA”) causally
connected to the tetanus, diphtheria (“Td”) vaccine she received on August 19, 2015.
Petition at ¶¶ 2, 14. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On November 21, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 11). On April 6, 2017, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
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-01143-UNJ Document 35 Filed 12/06/17 Page 2 of 4
$157,890.84. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
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 $157,890.84 in the form of a check payable to
petitioner, Mariela Rothermel. 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-01143-UNJ Document 35 Filed 12/06/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARIELA ROTHERMEL, )
)
Petitioner, )
)
v. ) No. 16-1143V
) Chief Special Master Nora Beth Dorsey
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$157,890.84. 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 petitioner should be made as a
lump sum payment of $157,890.84, in the form of a check payable to petitioner.1 Petitioner is a
competent adult. Evidence of guardianship is not required in this case. This amount accounts
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
1 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.

Case 1:16-vv-01143-UNJ Document 35 Filed 12/06/17 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALTHEA W. DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
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) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: April 7, 2017
2