In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 21-1349V

UNPUBLISHED

JOHN ALLAIN,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: June 28, 2022

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession;

Table Injury; Tetanus Diphtheria 

acellular Pertussis (Tdap) Vaccine;

Brachial Neuritis

Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT1

On May 13, 2021, John Allain 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 brachial neuritis as a result of his August 13, 

2019 tetanus diphtheria acellular pertussis (“Tdap”) vaccination. See Petition at ¶ 1. 

Petitioner further alleges that he suffered the residual effects of his injury for more than 

six months, and that there has been no prior award or settlement of a civil action on his

behalf as a result of his injury. Petition at ¶¶ 7, 9-10. The case was assigned to the Special 

Processing Unit of the Office of Special Masters.

1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required 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 Ruling 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

On June 23, 2022, Respondent filed his Rule 4(c) report in which he concedes that 

Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.

Specifically, Respondent indicates that it is his

position that petitioner has satisfied the criteria set forth in the Vaccine Injury 

Table and Qualifications and Aids to Interpretation for brachial neuritis from 

his Tdap vaccine. Specifically, the pain in petitioner’s right arm and shoulder 

was a presenting symptom and occurred between two and 28 days after 

vaccination; EMG/NCS studies showed that petitioner’s injury was localized 

to the brachial plexus; motor, sensory, and reflex findings on physical 

examination and EMG/NCS studies were consistent in confirming that 

petitioner’s dysfunction was attributable to the brachial plexus; and no other 

condition or abnormality was present that would explain petitioner’s 

symptoms. 42 C.F.R. §§ 100.3(a), (c)(6).

Id. at 6. Respondent further agrees that the statutory severity requirement and “all legal 

prerequisites for compensation under the Act” have been satisfied.” Id.

In view of Respondent’s position and the evidence of record, I find that 

Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master