VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00838
Package ID: USCOURTS-cofc-1_18-vv-00838
Petitioner: Angela Overall
Filed: 2018-06-13
Decided: 2019-10-17
Vaccine: Tdap
Vaccination date: 2016-02-19
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 77189

AI-assisted case summary:
Angela Overall filed a petition on June 13, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered brachial neuritis, causally related to a tetanus, diphtheria, acellular pertussis (Tdap) vaccination received in her left arm on February 19, 2016. Ms. Overall stated that she received the vaccination in the United States, experienced residual effects of her injury for more than six months, and had not filed a civil action or received compensation for a vaccine-caused injury. The case was assigned to the Special Processing Unit. On April 29, 2019, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Overall is entitled to compensation. The respondent indicated that petitioner suffered brachial neuritis and satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 29, 2019, finding Ms. Overall entitled to compensation. Subsequently, on July 26, 2019, the respondent filed a proffer on award of compensation. The proffer indicated that Ms. Overall should be awarded $77,189.02, consisting of $75,000.00 for actual and projected pain and suffering and $2,189.02 for actual unreimbursable expenses. The proffer stated that Ms. Overall agreed with this award. The award for projected pain and suffering was reduced to its net present value. Chief Special Master Dorsey issued a decision on October 17, 2019, awarding Ms. Overall a lump sum payment of $77,189.02, payable by check to Angela Overall. Petitioner's counsel was Danielle Strait of Maglio Christopher & Toale, PA, and respondent's counsel was Ida Nassar of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The public decision also does not name any medical experts.

Theory of causation field:
Petitioner Angela Overall alleged that a Tdap vaccination received on February 19, 2016, caused brachial neuritis. The respondent conceded that petitioner suffered brachial neuritis and satisfied the criteria set forth in the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented beyond the respondent's concession. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 29, 2019, finding petitioner entitled to compensation. On July 26, 2019, a proffer on award of compensation was filed, agreeing to an award of $77,189.02, comprising $75,000.00 for pain and suffering and $2,189.02 for unreimbursable expenses. This award was finalized by Chief Special Master Dorsey on October 17, 2019. Petitioner was represented by Danielle Strait, and respondent was represented by Ida Nassar.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00838-0
Date issued/filed: 2019-08-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/29/2019) regarding 27 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00838-UNJ Document 41 Filed 08/07/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0838V
Filed: April 29, 2019
UNPUBLISHED
ANGELA OVERALL,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Tetanus Diphtheria
SECRETARY OF HEALTH AND acellular Pertussis (Tdap) Vaccine;
HUMAN SERVICES, Brachial Neuritis
Respondent.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 13, 2018, 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 brachial neuritis causally related to an
adverse reaction from the tetanus, diphtheria, acellular pertussis (“tdap”) vaccination
she received in her left arm on February 19, 2016. Petition at 1, ¶¶ 1, 9-10. Petitioner
further alleges that she received the vaccination in the United States, has suffered the
residual effects of her injury for more than six months, and that neither she nor any
other party has filed a civil action or received compensation for her injury alleged as
vaccine caused. Id. at ¶¶ 1, 11, 14-15. 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.

Case 1:18-vv-00838-UNJ Document 41 Filed 08/07/19 Page 2 of 2
On April 29, 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 indicates “[i]t is [his] position that petitioner suffered
brachial neuritis, and that she has satisfied the criteria set forth in the revised Vaccine
Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).” Id. at 8.
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-00838-1
Date issued/filed: 2019-10-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/26/2019) regarding 37 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00838-UNJ Document 45 Filed 10/17/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0838V
Filed: July 26, 2019
UNPUBLISHED
ANGELA OVERALL,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Tetanus Diphtheria acellular
SECRETARY OF HEALTH AND
Pertussis (Tdap) Vaccine; Brachial
HUMAN SERVICES,
Neuritis
Respondent.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 13, 2018, 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 brachial neuritis causally related to an
adverse reaction from the tetanus, diphtheria, acellular pertussis (“tdap”) vaccination
she received in her left arm on February 19, 2016. Petition at 1, ¶¶ 1, 9-10. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On April 29, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her brachial neuritis. On July 26, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $77,189.02,
representing an award of $75,000.00 for petitioner’s actual and project pain and
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.

Case 1:18-vv-00838-UNJ Document 45 Filed 10/17/19 Page 2 of 5
suffering3 and an award of $2,189.02 for petitioner’s actual unreimbursable expenses.
Proffer at 1-2. 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 $77,189.02, representing an award of
$75,000.00 for petitioner’s actual and project pain and suffering and an award of
$2,189.02 for petitioner’s actual unreimbursable expenses in the form of a check
payable to petitioner, Angela Overall. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 The Proffer indicates the amount awarded for petitioner’s projected pain and suffering has been reduced
to its net present value. Proffer at 1; see § 15(f)(4)(A) (requiring a reduction to net present value for
future compensation being currently paid).
4 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-00838-UNJ Document 45 Filed 10/17/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ANGELA OVERALL, )
)
Petitioner, )
) No. 18-838V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 13, 2018, Angela Overall (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that she suffered brachial neuritis as a result of a tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine administered to her on February 19, 2016. Petition at 1-2. On April
29, 2019, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report
indicating that this case is appropriate for compensation under the terms of the Act, and the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation the
same day. ECF No. 26; ECF No. 27.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Angela Overall should be awarded $75,000.00 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.

Case 1:18-vv-00838-UNJ Document 45 Filed 10/17/19 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Angela Overall’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent proffers that
petitioner should be awarded past unreimbursable expenses in the amount of $2,189.02, as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to Angela Overall should be made
through a lump sum payment as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following1: a lump sum payment of $77,189.02,
representing compensation for pain and suffering ($75,000.00), and past unreimbursable
expenses ($2,189.02), in the form of a check payable to petitioner, Angela Overall.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Angela Overall: $77,189.02
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
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.
2

Case 1:18-vv-00838-UNJ Document 45 Filed 10/17/19 Page 5 of 5
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Ida Nassar
IDA NASSAR
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) 616-4186
DATED: July 26, 2019
3