VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00533
Package ID: USCOURTS-cofc-1_14-vv-00533
Petitioner: John Nazaka
Filed: 2014-06-23
Decided: 2014-11-24
Vaccine: Tdap
Vaccination date: 2013-09-10
Condition: Parsonage-Turner Syndrome (also known as brachial neuritis “BN”)
Outcome: compensated
Award amount USD: 66890

AI-assisted case summary:
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.

Theory of causation field:
Petitioner John Nazaka alleged that he suffered from Parsonage-Turner Syndrome (brachial neuritis) as a result of receiving a Tdap vaccine on September 10, 2013. The respondent conceded that the injury was a "Table Injury" under the National Vaccine Injury Compensation Program, meaning it is presumed to be vaccine-related if the first symptom manifested within two to twenty-eight days after vaccination and there is no evidence of unrelated causes. The respondent confirmed that Nazaka met these criteria and was entitled to compensation. The Special Master, Brian H. Corcoran, reviewed the record and the respondent's concession, finding Nazaka entitled to compensation. The parties stipulated to a total award of $66,890.27 for all elements of compensation, to be paid as a lump sum to Petitioner. Additionally, they stipulated to an award of $13,600.00 for attorneys' fees and costs, payable jointly to Petitioner and his counsel, Maximillian J. Muller. The Special Master approved these amounts and directed entry of judgment. The specific medical mechanism, onset details, symptoms, diagnostic tests, or treatments were not detailed in the public decision documents. The theory of causation relied on the "on-Table" nature of the injury as defined by the Program.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00533-0
Date issued/filed: 2014-10-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/15/2014) regarding 9 Ruling on Entitlement ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00533-UNJ Document 13 Filed 10/10/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-533V
(Filed September 15, 2014)
NOT TO BE PUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * *
JOHN NAZAKA, *
* Special Master Corcoran
Petitioner, *
*
v. * Entitlement; On-Table Injury; Conceded
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Philadelphia, PA, for Petitioner.
Debra Begley, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
RULING FINDING ENTITLEMENT1
On June 23, 2014, Petitioner John Nazaka filed a petition seeking compensation under
the National Vaccine Injury Compensation Program.2 Petitioner alleges that he suffered from
Parsonage-Turner Syndrome (also known as brachial neuritis (“BN”)) as a result of receiving the
tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine on September 10, 2013.
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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). Otherwise, the ruling will be available to the public.
Id.
2 The Program comprises 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.A. ' 300aa-10 – 34 (2006)) [hereinafter “Vaccine Act” or “the Act”].
Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:14-vv-00533-UNJ Document 13 Filed 10/10/14 Page 2 of 2
In the Rule 4(c) Report, Respondent stated that the Petitioner’s claim is compensable
under the Act. Respondent specifically stated that the Division of Vaccine Injury Compensation
(DVIC), Department of Health and Human Services, has reviewed the facts of this case and has
concluded that the Petitioner is entitled to a presumption of causation, and has established a Table Injury
(see § 300aa-13(a); 42 C.F.R. § 100.3 (a)(I))) because “he has demonstrated that he suffered from BN,
and the first symptom of his BN manifested two to twenty-eight days after receiving his Tdap
vaccination” and “DVIC has determined that there is not a preponderance of evidence that the BN
is due to factors unrelated to the vaccine.” Rule 4(c) Report at 1. Additionally, the Rule 4(c)
Report acknowledges that Petitioner has satisfied all the other legal prerequisites for
compensation under the Vaccine Act. Id. at 4. Respondent therefore concludes that Petitioner is
entitled to an award of damages.
In view of Respondent’s concession, and based on my own review of the record (See §
300aa-13(a)(1); 42 C.F.R. § 100.3 (a)(I)), I find that Petitioner is entitled to compensation for an
injury that was caused-in-fact by a covered vaccine. 42 C.F.R. §§ 100.3(a)(XIV), 100.3(b)(2). A
separate damages order will issue shortly.
Any questions may be directed to my law clerk, Ashley Yull, at (202) 357-6391.
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00533-1
Date issued/filed: 2014-10-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/01/2014) regarding 12 DECISION Stipulation/Proffer ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00533-UNJ Document 15 Filed 10/23/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-533V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
JOHN NAZAKA, * Filed: October 1, 2014
*
Petitioner, * Decision by Proffer; Damages;
* Tetanus, Diphtheria, and Acellular
v. * Pertussis (“Tdap”) Vaccine;
* Parsonage-Turner Syndrome
* (Brachial Neuritis “BN”)
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for Petitioner.
Debra Begley, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
DECISION AWARDING DAMAGES1
On June 23, 2014, John Nazaka filed a petition seeking compensation under the National
Vaccine Injury Compensation Program.2 Petitioner alleged that he suffered from Parsonage-
Turner syndrome (also known as brachial neuritis (“BN”)) as a result of receiving the tetanus,
diphtheria, and acellular pertussis (“Tdap”) vaccine on September 10, 2013.
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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). Otherwise, the ruling will be available to the public.
Id.
2 The National Vaccine Injury Compensation Program comprises 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.A. ' 300aa-10 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:14-vv-00533-UNJ Document 15 Filed 10/23/14 Page 2 of 4
In the Rule 4(c) Report, filed on September 11, 2014, Respondent conceded that
Petitioner had suffered a Table Injury of BN due to his receipt of a Tdap vaccine. In view of
Respondent’s concession and my own review of the record, I issued a ruling, dated September
15, 2014, finding that Petitioner had established that he was entitled to compensation for his
injury, and I subsequently issued an order indicating that this case was ready for the damages
phase. Thereafter, on October 1, 2014, Respondent filed a proffer awarding compensation to
Petitioner.
I have reviewed the file, and based upon that review, I conclude that the Respondent’s
proffer is reasonable. I therefore adopt it as my decision in awarding damages on the terms set
forth therein.
The proffer awards Petitioner:
 A lump sum of $66,890.27 in the form of a check payable to Petitioner, John
Nazaka. This amount accounts for all elements of compensation under 42 U.S.C. §
300aa-15(a) to which Petitioner would be entitled.
Proffer § 2.
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2

Case 1:14-vv-00533-UNJ Document 15 Filed 10/23/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
JOHN NAZAKA, *
*
Petitioner, * No. 14-533V
* SPECIAL MASTER
v. * BRIAN H. CORCORAN
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$66,890.27. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a)(1); §5(a)(3)(B); and §15(a)(4). Petitioner agrees.
II. Form of the Award:
The parties recommend that the compensation provided to petitioner, John Nazaka,
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
A. A lump sum payment of $66,890.27 in the form of a check payable to petitioner,
John Nazaka. 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.
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/or future lost wages.
-1-

Case 1:14-vv-00533-UNJ Document 15 Filed 10/23/14 Page 4 of 4
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
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
s/ DEBRA A. FITLEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Date: October 1, 2014 Telephone: (202) 616-4181
-2-

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_14-vv-00533-2
Date issued/filed: 2014-11-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/31/2014) regarding 16 DECISION Fees Stipulation/Proffer ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00533-UNJ Document 21 Filed 11/24/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-533V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
JOHN NAZAKA, *
*
Petitioner, * Filed: October 31, 2014
*
v. * Decision; Attorneys’
* Fees & Costs
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for Petitioner.
Debra Begley, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On June 23, 2014, John Nazaka filed a petition seeking compensation under the National
Vaccine Injury Compensation Program.2 In a Rule 4(c) Report, filed on September 11, 2014,
Respondent conceded that Petitioner had suffered a Table Injury of brachial neuritis due to his
receipt of the tetanus, diphtheria, and acellular pertussis vaccine. I subsequently issued a ruling
finding that Petitioner had established that he was entitled to compensation for his injury.
Thereafter, Respondent filed a proffer awarding compensation to Petitioner, which I found to be
reasonable and adopted as my decision in awarding damages on the terms set forth therein.
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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). Otherwise, the ruling will be available to the public.
Id.
2 The National Vaccine Injury Compensation Program comprises 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.A. ' 300aa-10 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:14-vv-00533-UNJ Document 21 Filed 11/24/14 Page 2 of 2
On October 21, 2014, the parties filed a stipulation regarding attorneys’ fees and costs.
The parties have stipulated that Petitioner’s counsel should receive a lump sum of $13,600.00, in
the form of a check payable to Petitioner and Petitioner’s counsel. This amount represents a sum
to which Respondent does not object. In addition, in compliance with General Order #9,
Petitioner has represented that he did not personally incur any reimbursable costs in proceeding
on this petition.
I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly,
an award of $13,600.00 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Maximillian J. Muller, Esq., of the law firm of Muller Brazil, LLP. In the
absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court
SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2