In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1192V

UNPUBLISHED

WILLIAM BRUMBACH,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: August 2, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Pneumococcal Conjugate Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

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

Petitioner.

Ida Nassar, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On August 14, 2019, William Brumbach 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 a pneumococcal conjugate (“PCV13”) vaccine 

administered on June 16, 2018. Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters.

On February 22, 2021, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On July 30, 2021, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $70,000.00 for

pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

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 a lump 

sum payment of $70,000.00 (for pain and suffering) in the form of a check payable 

to Petitioner. 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

WILLIAM BRUMBACH, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 19-1192V 

 Chief Special Master Corcoran 

 ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

 On August 14, 2019, William Brumbach (“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”), as defined in the Vaccine Injury Table, following administration of 

an pneumococcal (PCV13) vaccine he received on June 16, 2018. Petition at 1. On February 19, 

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 for a SIRVA 

Table injury. ECF No. 33. On February 22, 2021, the Chief Special Master issued a Ruling on 

Entitlement finding petitioner entitled to compensation. ECF No. 34. 

I. Items of Compensation 

A. Pain and Suffering 

Respondent proffers that petitioner should be awarded $70,000.00 in pain and suffering. 

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

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 $70,000.00, in the form of a 

check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment 

Lump sum payable to petitioner, William Brumbach: $70,000.00 

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 

 LARA A. ENGLUND 

Assistant Director 

Torts Branch, Civil Division 

 

 /s/ Ida Nassar 

 IDA NASSAR 

 Trial Attorney 

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station 

 Washington, D.C. 20044-0146 

DATED: July 30, 2021 Tel: (202) 616-4186 

 

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.