# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1612 V

UNPUBLISHED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 DAMAGES 1

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) c aused by a te tanus

- diphtheria (T d) 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 P etitioner entitled to

compensation for a right SIRVA . On August 24, 2021

, R espondent filed a p roffer on a ward

of compensation (“Proffer”) indicating P etitioner should be awarded $ 37,500.00

. Proffer

at 2

. In the Proffer, R espondent represented that P etitioner agrees with the proffered

award. Id. Based on the record as a whole, I find that P etitioner 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 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).2 Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 37,500.00

, in the form of a check payable to P etitioner

, representing compensation for pain and suff ering

.

This amount represents compensation for all damages that w ould 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 fil ing 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 Sp ecial 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 petiti on 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 S houlder I njury R elated to Vaccine

Administration (“SIRVA”) , resulting from ad verse effects of a tetan us

- d iphtheria (“Td”) va ccine

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 te rms of the Act, and on J uly 2, 2021

, the Chief Special Master

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

ECF No. 36

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be aw arded $ 37,500. 00 in pain and suffering.

See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 Th is amount represent s all elements of compensation to which petitioner is entitled under

42 U.S.C. § 300aa

- 15(a)

. Petitioner agrees.

II. Form of the Award

Petition er 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 d ecision and

the Court’s judgment award the following 1 : a lump sum payment of $ 37 ,500.00 , representing

compe nsation 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, Nathan iel 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 Divisi on

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, res pondent 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

Washi ngton, D.C. 20044

- 0146

Tel.: (202) 616

- 4405

Email: andrew.j.henning@usdoj.gov

DATED : August 24, 2021