VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00192
Package ID: USCOURTS-cofc-1_18-vv-00192
Petitioner: Wanda Garcia
Filed: 2018-02-07
Decided: 2019-08-29
Vaccine: Tdap
Vaccination date: 2016-04-22
Condition: abscess in her left shoulder; non-specific mass on her left upper extremity
Outcome: compensated
Award amount USD: 54391

AI-assisted case summary:
Wanda Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered an abscess in her left shoulder caused by a Tdap vaccination she received on April 22, 2016. The respondent, the Secretary of Health and Human Services, conceded that Ms. Garcia was entitled to compensation. The respondent agreed that she developed a non-specific mass on her left upper extremity, which was more likely than not caused by the Tdap vaccine administered at that location, and that no other causes were identified. The respondent also agreed that her injury met the duration requirement for compensation. Subsequently, the parties reached a stipulation for damages. The Chief Special Master awarded Ms. Garcia a total of $54,391.90. This amount included $47,500.00 for pain and suffering and $6,891.90 to satisfy a New York State Medicaid lien. The decision was issued on August 29, 2019, following the initial ruling on entitlement on February 22, 2019.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00192-0
Date issued/filed: 2019-04-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/22/2019) regarding 45 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00192-UNJ Document 49 Filed 04/17/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0192V
Filed: February 22, 2019
UNPUBLISHED
WANDA GARCIA,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Causation-In-Fact; Tetanus
SECRETARY OF HEALTH Diphtheria acellular Pertussis (Tdap)
AND HUMAN SERVICES, Vaccine; Abscess; Non-Specific
Mass
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 7, 2018, Wanda Garcia (“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 “an
abscess in her left shoulder” which was caused-in-fact by a Tdap vaccination she
received on April 22, 2016. 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).

Case 1:18-vv-00192-UNJ Document 49 Filed 04/17/19 Page 2 of 2
On February 22, 2019, 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 developed a non-
specific mass on her left upper extremity, which was more likely than not caused by
administration of a Tdap vaccine at the same location. No other causes for petitioner’s
non-specific mass have been identified.” Id. at 4. Respondent further agrees that
“petitioner has satisfied the statutory requirement that petitioner’s injury lasted for at
least six months, or resulted in ‘inpatient hospitalization and surgical intervention’ as
required by 42 U.S.C. § 300aa-11(c)(1)(D)(i),(iii). 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_18-vv-00192-1
Date issued/filed: 2019-08-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/17/2019) regarding 56 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00192-UNJ Document 66 Filed 08/29/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0192V
Filed: June 17, 2019
UNPUBLISHED
WANDA GARCIA,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Tetanus Diphtheria acellular
SECRETARY OF HEALTH
Pertussis (Tdap) Vaccine; Abscess;
AND HUMAN SERVICES,
Non-Specific Mass
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 7, 2018, Wanda Garcia (“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 “an
abscess in her left shoulder” which was caused-in-fact by a Tdap vaccination she
received on April 22, 2016. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 22, 2019, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On June 14, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $54,391.90, consisting
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 1:18-vv-00192-UNJ Document 66 Filed 08/29/19 Page 2 of 5
of $47,500.00 in actual and projected pain and suffering, and $6,891.90 to satisfy the
State of New York Medicaid lien. Proffer at 2-3. 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
the following:
A. a lump sum payment of $47,500.00, (representing payment for petitioner’s
actual and projected pain and suffering) in the form of a check payable to
petitioner, Wanda Garcia, and
B. a lump sum payment of $6,891.90, representing compensation for
satisfaction of the State of New York lien, payable jointly to petitioner, and
New York City Human Resources Administration
Division of Liens and Recovery
P.O. Box 414799
Boston, MA 02241-4799
Petitioner agrees to endorse this payment to the State of New York. These amounts
represent 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 1:18-vv-00192-UNJ Document 66 Filed 08/29/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
WANDA GARCIA,
Petitioner, No. 18-192V
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 February 22, 2019, 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 February 22, 2019, the
Chief Special Master issued a Ruling on Entitlement.
Respondent now proffers that, based on the evidence of record, petitioner should be
awarded $54,391.90. 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 lump sum payments 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 1:18-vv-00192-UNJ Document 66 Filed 08/29/19 Page 4 of 5
a. Pain and Suffering
Respondent proffers that Wanda Garcia should be awarded $47,500.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
b. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of New
York Medicaid lien in the amount of $6,891.90, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of New York had made to or on
behalf of Wanda Garcia from the date of her eligibility for benefits through the date of judgment
in this case as a result of her vaccine-related injury suffered on or about April 22, 2016, under
Title XIX of the Social Security Act. Reimbursement of the State of New York lien shall be
made through a lump sum payment of $6,891.90, representing compensation for satisfaction of
the State of New York lien, payable jointly to petitioner, and
New York City Human Resources Administration
Division of Liens and Recovery
P.O. Box 414799
Boston, MA 02241-4799
Petitioner agrees to endorse this payment to the State of New York.
c. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
a. Lump sum paid to petitioner $47,500.00
b. Reimbursement of Medicaid lien $6,891.90
2

Case 1:18-vv-00192-UNJ Document 66 Filed 08/29/19 Page 5 of 5
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ Julia M. Collison
JULIA M. COLLISON
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 305-0102
Dated: June 14, 2019
3