In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1612V

UNPUBLISHED

NATHANIEL IAN BROOK,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: August 25, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Tetanus Diphtheria (Td) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On October 16, 2019, Nathaniel Brook 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) caused by a tetanus-diphtheria (Td) vaccination. Petition at 1. The 

case was assigned to the Special Processing Unit of the Office of Special Masters.

On July 2, 2021, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for a right SIRVA. On August 24, 2021, Respondent filed a proffer on award 

of compensation (“Proffer”) indicating Petitioner should be awarded $37,500.00. 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.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 EGovernment 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).
2

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump 

sum payment of $37,500.00, in the form of a check payable to Petitioner, 

representing compensation for pain and suffering.

This amount represents compensation for all damages that would be available 

under Section 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

)

NATHANIEL IAN BROOK, )

 )

Petitioner, ) No. 19-1612V (ECF)

 ) Chief Special Master Corcoran

v. ) SPU

) 

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 16, 2019, Nathaniel Ian Brook (“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 he suffered a Shoulder Injury Related to Vaccine 

Administration (“SIRVA”), resulting from adverse effects of a tetanus-diphtheria (“Td”) vaccine 

he received on March 19, 2018. See Petition at 1. On July 2, 2021, 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 on July 2, 2021, the Chief Special Master 

issued a Ruling on Entitlement finding petitioner entitled to compensation. See ECF No. 35; 

ECF No. 36.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $37,500.00 in pain and suffering. 

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
2

This amount represents all elements of compensation to which petitioner is entitled under 

42 U.S.C. § 300aa-15(a). 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 petitioner 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 $37,500.00, representing

compensation for pain and suffering, in the form of a check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Nathaniel Ian Brook: $37,500.00

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant 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.
3

/s/ Andrew J. Henning 

ANDREW J. HENNING

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) 616-4405

Email: andrew.j.henning@usdoj.gov

DATED: August 24, 2021