VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00801
Package ID: USCOURTS-cofc-1_17-vv-00801
Petitioner: Jodie L. Paschall-Majerus
Filed: 2017-06-14
Decided: 2018-09-26
Vaccine: Tdap
Vaccination date: 2016-05-31
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 115000

AI-assisted case summary:
Jodie L. Paschall-Majerus filed a petition for compensation under the National Vaccine Injury Compensation Program on June 14, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on May 31, 2016. The respondent, the Secretary of Health and Human Services, conceded that the petitioner's injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she met all legal prerequisites for compensation. A ruling on entitlement was issued on March 7, 2018, finding Jodie L. Paschall-Majerus entitled to compensation. Subsequently, on June 28, 2018, the parties filed a proffer agreeing to an award of $115,000.00 for past and future pain and suffering. This amount represents all elements of compensation available under the Act. The Chief Special Master issued a decision awarding this lump sum payment on September 26, 2018. Jodie L. Paschall-Majerus is a competent adult and did not require guardianship.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00801-0
Date issued/filed: 2018-06-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 3/7/2018) regarding 19 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00801-UNJ Document 28 Filed 06/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-801V
Filed: March 7, 2018
UNPUBLISHED
JODIE L. PASCHALL-MAJERUS,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Douglas Lee Burdette, Burdette Law, PLLC, North Bend, WA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 14, 2017, 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 related to vaccine
administration (“SIRVA”) as defined on the Vaccine Injury Table after receiving the
tetanus, diphtheria, and acellular pertussis vaccine on May 31, 2016. Petition at 1, ¶ 3.
Petitioner further alleges that she suffered the residual effects of her injury for more than
six months and has never received compensation for her injury, alleged as vaccine
caused. Id. at ¶¶ 7,3 10. The case was assigned to the Special 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. 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).
3 There are two paragraphs labeled as paragraph 7. This citation is referencing the first such paragraph.

Case 1:17-vv-00801-UNJ Document 28 Filed 06/12/18 Page 2 of 2
On March 5, 2018, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent “has concluded that petitioner’s alleged injury is
consistent with SIRVA as defined on the Vaccine Injury Table.” Id. at 5. Respondent
further agrees that “petitioner has satisfied all legal prerequisites for compensation
under the Act.” Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00801-1
Date issued/filed: 2018-09-26
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/02/2018) regarding 31 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00801-UNJ Document 41 Filed 09/26/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0801V
Filed: July 2, 2018
UNPUBLISHED
JODIE L. PASCHALL-MAJERUS,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Tetanus Diphtheria acellular
v.
Pertussis (Tdap) Vaccine; Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND
Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Douglas Lee Burdette, Burdette Law, PLLC, North Bend, WA, for petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 14, 2017, 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 related to vaccine
administration (“SIRVA”) as defined on the Vaccine Injury Table after receiving the
tetanus, diphtheria, and acellular pertussis vaccine on May 31, 2016. Petition at 1, ¶ 3.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 7, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her SIRVA. On June 28, 2018, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $115,000.00,
representing compensation for her past and future pain and suffering. Proffer at 1-2. In
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 1:17-vv-00801-UNJ Document 41 Filed 09/26/18 Page 2 of 4
the Proffer, respondent represented that petitioner agrees with the proffered award. Id.
at 1. 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 $115,000.00, representing compensation for
actual and projected pain and suffering in the form of a check payable to
petitioner, Jodie L. Paschall-Majerus. This amount represents compensation for all
damages that would be available under § 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 1:17-vv-00801-UNJ Document 41 Filed 09/26/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
JODIE L. PASCHALL-MAJERUS, )
) No. 17-801V
Petitioner, ) Chief Special Master Dorsey
) ECF
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On March 5, 2018, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered an injury that is compensable under the National Childhood Vaccine
Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34. Accordingly, on March
7, 2018, the Chief Special Master issued a Ruling on Entitlement.
Respondent now proffers that, based on the evidence of record, petitioner should
be awarded $115,000.00. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Items of Compensation and Form of the Award
The parties recommend that the compensation provided to petitioner should be
made through a lump sum payment described below, and request that the Chief Special
Master’s decision and the Court’s judgment award the following: 1
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 pain and suffering, and future lost wages.

Case 1:17-vv-00801-UNJ Document 41 Filed 09/26/18 Page 4 of 4
A. Petitioner’s Damages
A lump sum payment of $115,000.00 for past and future pain and suffering in the
form of a check payable to petitioner, Jodie L. Paschall-Majerus.
B. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Daniel A. Principato
DANIEL A. PRINCIPATO
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3662
Fax: (202) 353-2988
Dated: June 28, 2018
2