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UNPUBLISHED 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, Washington, DC, for 

petitioner. 

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

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On May 15, 2017, Mark Prazoff (“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 he suffered a shoulder injury related to 

vaccine administration (“SIRVA”) as a result of pneumococcal and tetanus vaccines he 

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

Processing Unit of the Office of Special Masters. 

On February 2, 2018, a ruling on entitlement was issued, finding petitioner 

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

compensation (“Proffer”) indicating petitioner should be awarded $52,206.94. Proffer at 

1. In the Proffer, respondent 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 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). 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. 

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). 
2

award. 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 $52,206.94, in the form of a check payable to 

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

would be available under § 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 can 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. 17-634V

) Chief Special Master 

v. ) Nora Beth Dorsey 

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On 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 on 

February 2, 2018. Based on Respondent’s Rule 4(c) Report, on that same day, the Chief 

Special Master found petitioner entitled to compensation.

I. Items of Compensation 

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

awarded $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 lump sum payment 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

Acting 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 2018

 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.