VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01548
Package ID: USCOURTS-cofc-1_19-vv-01548
Petitioner: Z.K.
Filed: 2020-01-21
Decided: 2020-06-29
Vaccine: Tdap
Vaccination date: 2018-03-05
Condition: sterile abscess of the left arm
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
India Washington, mother and natural guardian of Z.K., filed a petition on January 21, 2020, alleging that Z.K. suffered a sterile abscess injury of the left arm caused by a Tetanus-diphtheria-acellular pertussis (Tdap) vaccination administered on March 5, 2018. The respondent, the Secretary of Health and Human Services, filed a report on January 16, 2020, conceding that Z.K.'s medical course was consistent with a sterile abscess in his left upper extremity and that the injury was more likely than not caused by the Tdap vaccine administered in the same location. The respondent also agreed that all legal prerequisites for compensation had been met. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 21, 2020, finding Z.K. entitled to compensation. Subsequently, on May 21, 2020, a decision awarding damages was issued based on a stipulation and proffer filed by the parties on May 20, 2020. The parties recommended that compensation be made through future annuity payments, representing all elements of compensation available under the Vaccine Act. The decision awarded an amount sufficient to purchase an annuity contract for Z.K., with specific lump sum payments scheduled for future dates. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The attorneys involved were Michael M. Bast for the petitioner and Darryl R. Wishard for the respondent. The decision does not name any medical experts.

Theory of causation field:
Petitioner India Washington, on behalf of minor Z.K., alleged that a Tdap vaccination administered on March 5, 2018, caused a sterile abscess of the left arm. The respondent conceded that Z.K.'s medical course was consistent with a sterile abscess and that the injury was more likely than not caused by the Tdap vaccine. This was a causation-in-fact claim, not a Table injury. The public text does not name any medical experts or describe the specific mechanism of injury. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 21, 2020, finding Z.K. entitled to compensation. A damages decision was issued on June 29, 2020, based on a proffer recommending compensation through future annuity payments. The award was an amount sufficient to purchase an annuity contract providing specific lump sum payments on 02/13/2035 ($15,890.33), 02/13/2038 ($17,329.63), and 02/13/2041 ($18,912.52), representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Attorneys for petitioner were Michael M. Bast and for respondent Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01548-0
Date issued/filed: 2020-02-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/21/2020) regarding 17 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01548-UNJ Document 18 Filed 02/24/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1548V
UNPUBLISHED
INDIA WASHINGTON, Mother and Chief Special Master Corcoran
Natural Guardian of Infant, Z.K.,
Filed: January 21, 2020
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Causation-In-Fact; Tetanus
HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap)
Vaccine; Sterile Abscess
Respondent.
Michael M. Bast, Michael M. Bast PC, Brooklyn, NY, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On January 15, 2020, India Washington, mother and natural guardian of Z.K.,
filed an amended 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 Z.K. suffered sterile abscess injury of the left upper extremity caused-in-fact
by a Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination administered on March
5, 2018. Amended Petition at 10-11. 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, I am
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). 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, I agree that the identified material fits within this definition, I 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 1:19-vv-01548-UNJ Document 18 Filed 02/24/20 Page 2 of 2
On January 16, 2020, 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 determined that Z.K.’s medical course is
consistent with a sterile abscess in his left upper extremity, which was more likely than
not caused by administration of a Tdap vaccine in that same location. Id. at 6.
Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine act. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01548-1
Date issued/filed: 2020-06-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/21/2020) regarding 22 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01548-UNJ Document 28 Filed 06/29/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1548V
UNPUBLISHED
INDIA WASHINGTON, Mother and Chief Special Master Corcoran
Natural Guardian of Infant, Z.K.,
Filed: May 21, 2020
Petitioner,
v. Special Processing Unit (SPU);
Damages Decision Based on Proffer;
SECRETARY OF HEALTH AND Tetanus Diphtheria acellular
HUMAN SERVICES, Pertussis (Tdap) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Michael M. Bast, Michael M. Bast, PC, Brooklyn, NY, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 3, 2019, India Washington, mother and natural guardian of infant
Z.K., 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
Z.K. suffered shoulder injury related to vaccine administration and a causation-in-fact
claim for a sterile abscess of the left arm. Petition at 10-12. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On January 21, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a sterile abscess. On May 20, 2020, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded an
amount sufficient to purchase the annuity as described in paragraph II.A. of the Proffer.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I 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 1:19-vv-01548-UNJ Document 28 Filed 06/29/20 Page 2 of 5
Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the
proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to
an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner an
amount sufficient to purchase the annuity contract described in Section II.A of
the Proffer. 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/Brian H. Corcoran
Brian H. Corcoran
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 1:19-vv-01548-UNJ Document 28 Filed 06/29/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
INDIA WASHINGTON, Mother and )
Natural Guardian of Infant, Z.K., )
)
Petitioner, ) No. 19-1548V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Procedural History
On October 3, 2019, India Washington (“petitioner”), filed a petition for compensation
under the National Vaccine Injury Compensation Act of 1986, 42 U.S.C. §§ 300aa-10 to -34
(“Vaccine Act” or “Act”), as amended. In that petition, petitioner alleged that her child, Z.K.
(hereinafter “ZK”), received a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination in the
left arm on March 5, 2018, and suffered a Table injury for shoulder injury related to vaccine
administration (“SIRVA”) and a causation-in-fact claim for a sterile abscess of the left arm. See
Petition (“Pet.”) at 1, 10-12. On January 15, 2020, petitioner filed an amended petition, alleging
only a causation-in-fact for the sterile abscess injury of the left arm. See Amended Pet. at 10-11.
On January 16, 2020, respondent filed his Vaccine Rule 4(c) report, conceding that petitioner
had satisfied all legal prerequisites for compensation under the Act for a causation-in-fact claim
for ZK’s sterile abscess. On January 21, 2020, the Chief Special Master issued a ruling on
entitlement, finding that petitioner was entitled to compensation for ZK.
1

Case 1:19-vv-01548-UNJ Document 28 Filed 06/29/20 Page 4 of 5
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend, that
compensation be made through future annuity payments as described below, and request that the
Chief Special Master’s decision and the Court’s judgment award the following:1
A. Annuity
An amount sufficient to purchase an annuity contract,2 paid to the life insurance
company3 from which the annuity will be purchased,4 subject to the conditions described below,
that will provide payments to ZK as set forth below:
1. $15,890.33 payable in a certain lump sum on 02/13/2035.
2. $17,329.63 payable in a certain lump sum on 02/13/2038.
3. $18,912.52 payable in a certain lump sum on 02/13/2041.
1 Should ZK 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 lost earnings, and future pain
and suffering.
2 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life
insurance companies.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of any
mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from
two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or
AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA,
AA+, or AAA.
4 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case consistent with the
Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of
Records, No. 09-15-0056.
2

Case 1:19-vv-01548-UNJ Document 28 Filed 06/29/20 Page 5 of 5
Should ZK predecease any of the certain lump sum payments set forth above, said payments
shall be made to his estate. Written notice to the Secretary of Health and Human Services and to
the Life Insurance Company shall be provided within twenty (20) days of ZK’s death.
This amount represents all elements of compensation to which ZK would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.5
II. Summary of Recommended Payments Following Judgment
A. An amount sufficient to purchase the annuity contract described
above in section I. A.
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/Darryl R. Wishard
DARRYL R. WISHARD
Senior 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) 616-4357
Dated: May 20, 2020
5 At the time payment is received, ZK will be an adult, and thus, a guardianship is not required.
3