VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00227
Package ID: USCOURTS-cofc-1_14-vv-00227
Petitioner: Krystyn Snyder
Filed: 2014-11-10
Decided: 2015-03-26
Vaccine: Tdap
Vaccination date: 2012-12-22
Condition: Brachial Neuritis
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Krystyn Snyder filed a petition on November 10, 2014, alleging that she developed Brachial Neuritis (BN) as a result of receiving a Tetanus-diptheria-acellular-pertussis (Tdap) vaccine on December 22, 2012. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on November 7, 2014, conceding that petitioner was entitled to compensation. The respondent concluded that Brachial Neuritis is a Table injury for tetanus-containing vaccines and that the petitioner's medical records and symptom onset were consistent with BN and fell within the Table's timeframe for a presumed vaccine injury. The respondent also agreed that the petitioner's symptoms and EMG study results were consistent with BN, and that treating neurologists believed the BN was most likely caused by the Tdap vaccination. Based on the respondent's concession and the evidence, Special Master Thomas L. Gowen found Krystyn Snyder entitled to compensation in a ruling issued on November 10, 2014. Subsequently, on November 7, 2014, the respondent filed a Proffer on award of compensation, indicating that the petitioner agreed to a compensation amount. Petitioner's counsel confirmed this agreement. In a decision on damages issued on November 10, 2014, Special Master Gowen awarded Krystyn Snyder a lump sum payment of $80,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On March 4, 2015, the parties filed a joint stipulation for attorneys' fees and costs. Petitioner requested a total award of $11,500.00 for attorneys' fees and costs, which the respondent did not object to. In a decision on attorneys' fees and costs issued on March 26, 2015, Special Master Gowen granted the request, ordering a check jointly payable to Krystyn Snyder and her attorney, Jeffrey A. Golvash, of Brennan, Robins & Daley, P.C., in the amount of $11,500.00.

Theory of causation field:
Krystyn Snyder received a Tdap vaccine on December 22, 2012, and subsequently developed Brachial Neuritis (BN). The respondent conceded that BN is a Table injury for tetanus-containing vaccines and that the petitioner's condition met the criteria for a Table injury. The respondent agreed that the onset of petitioner's pain fell within the Table's timeframe and that her symptoms and EMG study results were consistent with BN, with treating neurologists believing the Tdap vaccination was the likely cause. The public decision does not describe the specific mechanism of causation or name any experts. Krystyn Snyder was awarded $80,000.00 in damages, and $11,500.00 for attorneys' fees and costs. Special Master Thomas L. Gowen issued the entitlement ruling on November 10, 2014, the damages decision on November 10, 2014, and the fees decision on March 26, 2015. Petitioner was represented by Jeffrey A. Golvash of Brennan, Robins & Daley, P.C., and respondent was represented by Glenn A. MacLeod of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00227-0
Date issued/filed: 2014-12-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/10/2014) regarding 16 Ruling on Entitlement (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00227-UNJ Document 21 Filed 12/04/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-227V
Filed: November 10, 2014
(Not to be published)
* * * * * * * * * * * * * * * *
KRYSTYN SNYDER, *
* Ruling on Entitlement; Tdap;
Petitioner, * Brachial Neuritis
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Jeffrey A. Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA, for petitioner.
Glenn A. MacLeod, United States Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 25, 2014, Krystyn Snyder (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
The petition alleges that as a result of receiving a Tetanus-diptheria-acellular-pertussis (“Tdap”)
vaccine on December 22, 2012, she developed Brachial Neuritis (“BN”). Petition at ¶¶ 3, 9.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00227-UNJ Document 21 Filed 12/04/14 Page 2 of 2
On November 7, 2014, respondent filed her Rule 4(c) Report [Respondent’s Report”], in
which she concedes that petitioner is entitled to compensation in this case. Respondent’s Report
at 2. Specifically, respondent concluded, based on the Qualifications and Aids to Interpretation
of the Vaccine Injury Table, that BN is an injury on the Vaccine Injury Table for tetanus-
containing vaccines and that contemporaneous medical records support that the onset of
petitioner’s pain fell within the Table’s timeframe for a presumed vaccine injury. Id. at 3-4.
Respondent agrees that petitioner’s symptoms and the EMG study results are consistent with a
diagnosis of BN, and that several of petitioner’s treating neurologists believed that her BN was
most likely caused by the Tdap vaccination. Id. at 4. Accordingly, respondent concedes that
petitioner “meets the criteria for a Table injury of BN following a tetanus vaccine.” Id.
In light of respondent’s concession and the evidence before me, I find that petitioner
is entitled to compensation.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00227-1
Date issued/filed: 2014-12-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/10/2014) regarding 17 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. (Additional attachment(s) added on 12/4/2014: #1 Stip) (tjk). Modified on 7/11/2019 to include the attachment(s) in the main document for posting to the courts website (da).
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Case 1:14-vv-00227-UNJ Document 22 Filed 12/04/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-227V
Filed: November 10, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * *
KRYSTYN SNYDER, *
*
Petitioner, * Decision on Damages; Tdap;
v. * Brachial Neuritis
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * *
Jeffrey A. Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA for petitioner.
Glenn A. MacLeod, U.S. Department of Justice, Washington, DC for respondent.
DECISION ON DAMAGES1
Gowen, Special Master:
On March 25, 2014, Krystyn Snyder (“petitioner”) 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 alleges that as a
result of receiving a Tetanus-diptheria-acellular-pertussis (“Tdap”) vaccine on December
22, 2012, she developed Brachial Neuritis (“BN”). Petition at ¶¶ 3, 9. On November 7,
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I
intend to post this ruling 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 delete 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 delete 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).

Case 1:14-vv-00227-UNJ Document 22 Filed 12/04/14 Page 2 of 4
2014, respondent filed her Rule 4(c) Report [“Respondent’s Report”], in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Report at
2. The undersigned issued a Ruling on Entitlement on November 10, 2014.
On November 7, 2014, respondent filed a Proffer on award of compensation,
which indicated that petitioner agreed to the compensation amount. Additionally,
petitioner’s counsel was contacted by my chambers on November 10, 2014, and he
confirmed petitioner’s agreement with the proposed compensation amount stated in the
Proffer. Pursuant to the terms in the attached Proffer, the undersigned awards
petitioner:
1. A lump sum payment of $80,000.00 in the form of a check payable to
petitioner, Krystyn Snyder. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a
notice renouncing the right to seek review.

Case 1:14-vv-00227-UNJ Document 22 Filed 12/04/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
KRYSTYN SNYDER, )
)
Petitioner, ) No. 14-227V
) Special Master Gowen
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent filed a Rule 4(c) Report conceding that petitioner suffered a Table brachial
neuritis injury following vaccination with a tetanus-toxoid containing vaccine. See Rule 4
Report filed November 7, 2014. Respondent now proffers that, based on the evidence of record,
petitioner should be awarded $80,000.00. This amount represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and
15(a)(4). Petitioner agrees. Pursuant to 42 U.S.C. § 300aa-15(e), the parties intend to informally
resolve attorneys’ fees and costs in a separate stipulation.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the special master’s decision
and the Court’s judgment award the following:1
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 medical expenses, future pain and suffering, and
future lost wages.

Case 1:14-vv-00227-UNJ Document 22 Filed 12/04/14 Page 4 of 4
A lump sum payment of $80,000.00 in the form of a check payable to petitioner, Kyrstyn
Snyder. This amount accounts for all elements of compensation under 42 U.S.C.
§300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ GLENN A. MACLEOD
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4122
Dated: November 7, 2014 Fax: (202) 616-4310

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00227-2
Date issued/filed: 2015-03-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/04/2015) regarding 24 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00227-UNJ Document 28 Filed 03/26/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-227V
Filed: March 4, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KRYSTYN SNYDER, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Jeffrey A. Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA, for petitioner.
Glenn A. MacLeod, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On March 25, 2014, Krystyn Snyder (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that as a result of receiving a Tetanus-diptheria-acellular-pertussis (“Tdap”) vaccine on December
22, 2012, she developed Brachial Neuritis (“BN”). Petition ¶¶ 3, 9. On November 7, 2014,
respondent filed a Rule 4(c) Report [‘Respondent’s Report”] in which she conceded that petitioner
is entitled to compensation in this case. Respondent’s Report at 2. The undersigned issued a
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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)). As provided by Vaccine Rule
18(b), each party has 14 days within which to request redaction “of any information furnished by
that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would
constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00227-UNJ Document 28 Filed 03/26/15 Page 2 of 2
decision awarding damages on November 10, 2014.
On March 4, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees and costs in the amount of $11,500.00.
Stipulation at ¶ 4. Respondent does not object to this amount. Id. In accordance with General Order
#9, petitioner’s counsel represents that petitioner did not incur personal costs in pursuit of this
claim. Id.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300
aa-15(e). Based on the reasonableness of petitioner’s motion, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, Jeffrey
A. Golvash, of Brennan, Robins & Daley, P.C., in the amount of $11,500.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2