John Nazaka v. HHS - Tdap, Parsonage-Turner Syndrome (also known as brachial neuritis “BN”) (2014)

On June 23, 2014, John Nazaka filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Parsonage-Turner Syndrome, also known as brachial neuritis (BN), as a result of receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on September 10, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on September 11, 2014, conceding that Nazaka's condition was a "Table Injury" and that he was entitled to compensation.

The respondent specifically stated that the Division of Vaccine Injury Compensation (DVIC) had reviewed the facts and concluded that Nazaka was entitled to a presumption of causation because the first symptom of his BN manifested between two and twenty-eight days after receiving the Tdap vaccination, and DVIC determined there was no preponderance of evidence that the BN was due to unrelated factors. The respondent also acknowledged that Nazaka satisfied all other legal prerequisites for compensation.

Based on the respondent's concession and a review of the record, Special Master Brian H. Corcoran issued a ruling on September 15, 2014, finding that Nazaka was entitled to compensation for an injury caused-in-fact by a covered vaccine.

A separate damages order was to follow. On October 1, 2014, the parties filed a stipulation and proffer regarding the award of damages.

The respondent proffered an award of $66,890.27 to Petitioner John Nazaka, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). This amount was to be paid as a lump sum via check payable to John Nazaka.

Special Master Corcoran reviewed the proffer and found it reasonable, adopting it as his decision in awarding damages on October 1, 2014. On October 21, 2014, the parties filed a stipulation regarding attorneys' fees and costs.

They stipulated that Petitioner's counsel, Maximillian J. Muller of Muller Brazil, LLP, should receive a lump sum of $13,600.00, payable jointly to Petitioner and his counsel.

Petitioner represented that he personally incurred no reimbursable costs. Special Master Corcoran approved this amount as reasonable and directed that judgment be entered in accordance with the stipulation on October 31, 2014.

The public decision documents do not describe the specific onset of symptoms, medical tests, or treatments. The attorneys involved were Maximillian J.

Muller for the Petitioner and Debra Begley for the Respondent. Special Master Brian H.

Corcoran presided over the case.