# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-0634V

Filed: June 5, 2018

UNPUBLISHED

MARK PRAZOFF,

Petitioner,

v.

SECRETARY OF HEALTH

AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Tetanus Diphtheria acellular

Pertussis (Tdap) Vaccine;

Pneumococcal Conjugate Vaccine;

Shoulder Injury Related to Vaccine

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Wa shington, DC, for

petitioner.

Althea Walker Davis, U.S. Department of Justice, Washingt on, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On May 15, 2017, Mark Prazoff (“petit ioner”) filed a petition for compensation

under the National Vaccine Injury Com pensation Program, 42 U.S.C. §300aa-10, et

seq.

, 2 (the “Vaccine Act”). Petitioner alleges t hat he suffered a shoulder injury related to

vaccine administration (“SIR VA”) as a result of pneumoc occal and tetanus vaccines he

received on April 5, 2016. Petition at preambl e. The case was assigned to the Special

Processing Unit of the Offi ce of Special Masters.

On February 2, 2018, a ru ling on entitlement was i ssued, finding petitioner

entitled to compensation. On June 5, 2018, respondent filed a proffer on award of

compensation (“Proffer”) indica ting petitioner should be awar ded $52,206.94. Proffer at

1. In the Proffer, resp ondent represented that petitioner agrees with the proffered

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 Cour t 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 inform ation, the disclosure of which would constitute an

unwarranted invasion of privacy. If, upon review, t he 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 award. Based on the record as a whole, t he undersigned finds that petitioner is entitled

to an award as stated in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $52,206. 94, in the form of a check payable to

petitioner, Mark Prazoff. This amount represents compens ation for all damages that

would be available un der § 300aa-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 c an be expedited by the parties’ joint filing of notice

renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MARK PRAZOFF

, )

)

Petitioner, ) No. 1 7

- 634 V

) Chief Special Master

v. ) Nora Beth Dorsey

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

O n May 15, 2017

, Mark Prazoff (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986,

42 U.S.C. §§ 300aa

- 1 to

- 34 (“Vaccine Act” or “Act”), as amended. Respondent

conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed o n

February 2, 2018

. Based on Respondent’s Rule 4(c) Report, o n that same day

, the Chief

S pecial Master found petitioner entitled to compensation.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be

awarde d $ 52,206.94 , which represents all elements of compensation to which petitioner

would be entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.2 II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be

made through a lum p sum pa yment of $ 52,206.94, in the form of a check payable to

petitioner. 1 Petitioner agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this

case.

Respectfully submitted,

CHAD A. READLER

Ac ting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/Althea Walker Davis

ALTHEA WALKER DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 0515

DATED: 5 June 2 018

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.