In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-0107V

Filed: June 24, 2015

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

AARON PRIOR, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

v. * Tetanus-diphtheria-pertussis (“Tdap”);

 * Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration (“SIRVA”); Special

AND HUMAN SERVICES, * Processing Unit (“SPU”); Attorneys’

 * Fees and Costs Decision Based on

 Respondent. * Proffer

 * 

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Paul R. Brazil, Muller Brazil, LLP, Philadelphia, PA, for petitioner.

Sarah C. Duncan, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1

Vowell, Chief Special Master:

On February 2, 2015, Aaron Prior filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,

2

 [the 

“Vaccine Act” or “Program”]. The petition alleged that as a result of a tetanusdiphtheria-pertussis (“Tdap”) vaccination on March 31, 2014, petitioner suffered a 

shoulder injury related to vaccine administration (“SIRVA”). The case was assigned to 

the Special Processing Unit (“SPU”) of the Office of Special Masters.

On June 1, 2015, respondent filed her Rule 4(c) report [“Res. Report”], in which 

she conceded that petitioner is entitled to compensation in this case. Res. Report at 4. 

On that same date I issued a ruling on entitlement, finding petitioner entitled to 

compensation. 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, it will be 

posted on the United States Court of Federal Claims' website, in accordance with the E-Government Act 

of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 

note (2006)). 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 (2006).

 
On June 22, 2015, respondent filed a proffer on award of compensation 

[“Proffer”] detailing compensation in the amount of $80,780.48, representing $80,000.00

for actual and projected pain and suffering and $780.48 for past unreimbursed medical 

expenses. Proffer at 2. Respondent averred that petitioner agreed to the amount set 

forth therein.3 Id. This amount represents compensation for all damages that would be 

available under § 15(a). 

The proffer also included an award of attorneys’ fees and costs in the amount of 

$14,500.00 to which petitioner agreed. Id. at 3. In accordance with General Order #9, 

petitioner’s counsel asserts that petitioner incurred no out-of-pocket litigation expenses. 

Id. The Vaccine Act permits an award of reasonable fees and costs. §15(e). I find the 

proposed total amount of $14,500.00 to be reasonable.

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

payment of $95,280.48 as follows:

a. a lump sum payment of $80,780.48 in the form of a check payable solely to 

petitioner, Aaron Prior; 

b. a lump sum payment of $14,500.00 in the form of a check payable jointly to 

petitioner, Aaron Prior and petitioner’s counsel, Paul Brazil. 

The clerk of the court is directed to enter judgment in accordance with this

decision.4 

 s/Denise K. Vowell

Denise K. Vowell

Chief Special Master

3 The proffer indicates that the parties have agreed that no award should be made for future medical care 

expenses and lost earnings. Proffer at 2. 

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice 

renouncing the right to seek review.

 
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

AARON PRIOR,

Petitioner,

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent. 

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No. 15-0107V 

Chief Special Master Vowell

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On February 2, 2015, Aaron Prior (“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”). Petitioner amended his petition for compensation on March 30, 2015. Petitioner alleges 

that he received a tetanus-diphtheria-pertussis (“Tdap”) vaccine in his left arm on March 31, 

2014, and subsequently suffered an injury to his left shoulder secondary to the vaccination. See 

generally Dkt. 14, Resp.’s Rep. at 1-4. The Secretary of Health and Human Services 

(“respondent”) filed a Vaccine Rule 4(c) report, conceding that petitioner suffered from a 

shoulder injury related to vaccine administration (“SIRVA”), and recommending that the Court 

award petitioner compensation. Id. at 1, 4-5. Respondent hereby submits the following proffer 

regarding the award of compensation. 
2 

I. Items of Compensation 

A. Future Medical Care Expenses

Respondent proffers that based on the evidence of record, petitioner is not entitled to 

an award for projected unreimbursable medical care expenses incurred from the date of 

judgment as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner 

agrees.

B. Lost Earnings 

Respondent proffers that based upon the evidence of record, petitioner has not and is 

not likely to suffer a loss of earnings as a result of his vaccine-related injury. Accordingly, 

petitioner should not be awarded lost future earnings as provided under the Vaccine Act, 42 

U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.

C. Pain and Suffering 

Respondent proffers that petitioner should be awarded a lump sum of $80,000.00 for 

his actual and projected pain and suffering. This amount reflects that the award for projected 

pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). 

Petitioner agrees.

D. Past Unreimbursable Expenses

Evidence supplied by petitioner documents his expenditure of past unreimbursable 

expenses related to petitioner’s vaccine-related injury. Respondent proffers that petitioner 

should be awarded past unreimbursable expenses in the amount of $780.48. Petitioner agrees.

E. Medicaid Lien

Petitioner represents that there are no outstanding Medicaid liens related to his 

vaccine-related injury. 
3 

F. Attorneys’ Fees and Costs

Petitioner has supplied documentation of reasonable attorneys’ fees and costs in the 

amount of $14,500.00. Pursuant to General Order #9, petitioner’s counsel has represented to 

respondent’s counsel that petitioner incurred no out-of-pocket expenses in proceeding on the 

petition. Respondent proffers that petitioner should be awarded $14,500.00 for attorneys’ 

fees and costs. Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through lump sum payments as described below, and request that the Special Master’s 

decision and the Court’s judgment award the following1: 

A. A lump sum payment of $80,780.48 (representing compensation for 

actual and projected pain and suffering, and past unreimbursable expenses related 

to the vaccine-related injury), in the form of a check payable to petitioner; and 

B. A lump sum of $14,500.00 in the form of a check payable to petitioner and 

petitioner’s attorney, Paul Brazil, Esq., for attorneys’ fees and costs. Petitioner agrees to 

endorse this payment to petitioner’s attorney. 

III. Summary of Recommended Payments Following Judgment

A. Lump sum paid to petitioner: $ 80,780.48

B. Reasonable attorneys’ fees and costs: $ 14,500.00

 

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 pain 

and suffering. 
4 

Respectfully submitted, 

BENJAMIN C. MIZER 

Principal Deputy Assistant Attorney General 

RUPA BHATTACHARYYA 

Director 

Torts Branch, Civil Division 

VINCENT J. MATANOSKI 

Deputy Director 

Torts Branch, Civil Division 

GLENN A. MACLEOD 

Senior Trial Counsel 

Torts Branch, Civil Division

s/ Sarah C. Duncan 

Sarah C. Duncan

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) 514-9729 

Fax: (202) 616-4310

DATED: June 22, 2015