VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01967
Package ID: USCOURTS-cofc-1_17-vv-01967
Petitioner: Chandra Novak
Filed: 2017-12-18
Decided: 2019-11-21
Vaccine: Tdap
Vaccination date: 2015-02-17
Condition: right shoulder injury related to vaccine administration (SIRVA) and bursitis
Outcome: compensated
Award amount USD: 55100

AI-assisted case summary:
Chandra Novak filed a petition for compensation under the National Vaccine Injury Compensation Program on December 18, 2017, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) and bursitis as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on February 17, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 5, 2018, conceding that Ms. Novak was entitled to compensation. The respondent specifically stated that Ms. Novak suffered bursitis in her right shoulder, that it was caused-in-fact by the Tdap vaccine administered on February 17, 2015, and that she experienced sequelae of the injury for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 7, 2018, finding Ms. Novak eligible for compensation. Subsequently, on September 23, 2019, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $55,100.00, consisting of $55,000.00 for pain and suffering and $100.00 for unreimbursed medical expenses. The proffer indicated that Ms. Novak agreed with this proposed award. Chief Special Master Dorsey finalized the decision on November 21, 2019, awarding Ms. Novak a lump sum payment of $55,100.00, payable by check to Chandra Novak. This award represented compensation for all damages available under the Vaccine Act. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Ms. Novak, nor does it name any medical experts.

Theory of causation field:
Chandra Novak received a Tdap vaccine on February 17, 2015, and subsequently alleged a right shoulder injury related to vaccine administration (SIRVA) and bursitis. The respondent conceded that the petitioner suffered bursitis in her right shoulder caused-in-fact by the Tdap vaccine and experienced sequelae for more than six months. The case proceeded under the "Table" injury category. The public decision does not name any medical experts or describe the specific mechanism of injury. On November 7, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement finding Ms. Novak eligible for compensation. On September 23, 2019, the parties submitted a proffer for damages, agreeing to an award of $55,100.00, comprised of $55,000.00 for pain and suffering and $100.00 for unreimbursed medical expenses. The final decision awarding damages was issued by Chief Special Master Dorsey on November 21, 2019. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Mallori Browne Openchowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01967-0
Date issued/filed: 2018-12-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/07/2018) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01967-UNJ Document 30 Filed 12/19/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1967V
Filed: November 7, 2018
UNPUBLISHED
CHANDRA NOVAK,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Tetanus Diphtheria
SECRETARY OF HEALTH acellular Pertussis (Tdap) Vaccine;
AND HUMAN SERVICES, Shoulder Injury Related to Vaccine
Administration (SIRVA); Shoulder
Respondent. Bursitis
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 18, 2017, Chandra Novak (“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 right
shoulder injury related to vaccine administration (“SIRVA”) as a result of a tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccine she received on February 17, 2015.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling will be available to anyone with access to the internet. 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. Because this unpublished ruling contains a reasoned explanation for the action in this
case, undersigned is required 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).
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).
1

Case 1:17-vv-01967-UNJ Document 30 Filed 12/19/18 Page 2 of 2
On November 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 states “that petitioner suffered bursitis in her
right shoulder, and that it was caused-in-fact by the Tdap vaccine she received on
February 17, 2015. DICP has also concluded that the records show that petitioner
suffered the sequelae of her injury for more than six months.” Id. at 3-4.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01967-1
Date issued/filed: 2019-11-21
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/23/2019) regarding 54 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:17-vv-01967-UNJ Document 58 Filed 11/21/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1967V
Filed: September 23, 2019
UNPUBLISHED
CHANDRA NOVAK,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Tetanus Diphtheria acellular
SECRETARY OF HEALTH
Pertussis (Tdap) Vaccine; Shoulder
AND HUMAN SERVICES,
Injury Related to Vaccine
Administration (SIRVA)
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 18, 2017, Chandra Novak (“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 right
shoulder injury related to vaccine administration (“SIRVA”) as a result of a tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccine she received on February 17, 2015.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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-01967-UNJ Document 58 Filed 11/21/19 Page 2 of 4
On November 7, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On September 23, 2019, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $55,100.00,
comprised of $55,000.00 for pain and suffering, and $100.00 for petitioner’s
unreimbursed medical expenses. 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 $55,100.00 (comprised of $55,000.00 for pain
and suffering, and $100.00 for petitioner’s unreimbursed medical expenses), in
the form of a check payable to petitioner, Chandra Novak. 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-01967-UNJ Document 58 Filed 11/21/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHANDRA NOVAK,
Petitioner, No. 17-1967V
Chief Special Master 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 November 5, 2018, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. Thereafter, on November 7, 2018, Chief Special
Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to vaccine
compensation for her bursitis that was caused-in-fact by the Tdap vaccine she received on
February 17, 2015. Based on the evidence of record, respondent proffers that petitioner should
be awarded $55,100.00, comprised of $55,000.00 for pain and suffering, and $100.00 for
petitioner’s unreimbursed medical expenses. This amount represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 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 lost earnings
and future pain and suffering.

Case 1:17-vv-01967-UNJ Document 58 Filed 11/21/19 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $55,100.00, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
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/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
DATED: September 23, 2019