VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00568
Package ID: USCOURTS-cofc-1_14-vv-00568
Petitioner: Joseph J. Kraus
Filed: 2014-09-30
Decided: 2015-02-24
Vaccine: Tdap
Vaccination date: 2011-08-25
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 236099

AI-assisted case summary:
Joseph J. Kraus filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered brachial neuritis as a result of a Tdap vaccination he received on August 25, 2011. The respondent, the Secretary of Health and Human Services, conceded that Mr. Kraus was entitled to compensation. The respondent agreed that the facts supported a finding that Mr. Kraus suffered the Vaccine Table Injury of brachial neuritis within 2 to 28 days of receiving the Tdap vaccine, that his injury lasted for more than 6 months, and that it was not caused by a factor unrelated to the vaccine. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Mr. Kraus entitled to compensation. Subsequently, the parties reached a proffer on the award of compensation. The respondent detailed compensation in the amount of $225,000.00 for actual and projected pain and suffering and $2,019.76 for past unreimbursable expenses, for a total of $227,019.76. The proffer also included an award of attorneys' fees and costs in the amount of $8,905.08. The Chief Special Master awarded Mr. Kraus a total payment of $236,099.84, consisting of a lump sum of $227,194.76 payable to him and a lump sum of $8,905.08 payable jointly to him and his counsel.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00568-0
Date issued/filed: 2014-10-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/30/2014) regarding 12 Ruling on Entitlement Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00568-UNJ Document 14 Filed 10/22/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-568V
Filed: September 30, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOSEPH J. KRAUS, a married man, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Tetanus-Diphtheria-acellular Pertussis;
* Tdap; Table Injury; Brachial Neuritis;
SECRETARY OF HEALTH * Neurapraxia
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On July 3, 2014, Joseph J. Kraus 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”]. Petitioner alleged that he suffered neurapraxia as a result
of a tetanus-diphtheria-acellular pertussis [“Tdap”] vaccination he received on August
25, 2011. Petition at 2. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On September 29, 2014, respondent filed her Rule 4(c) report [“Res. Report”], in
which she concedes that petitioner is entitled to compensation in this case. Res. Report
at 2. Specifically, respondent indicates that the facts of the case support a finding that
petitioner suffered the Vaccine Table Injury of brachial neuritis within 2 to 28 days of
receiving the Tdap vaccine. Id. at 4. Respondent agrees that petitioner’s injury lasted
for more than 6 months and was not caused by a factor unrelated to the Tdap vaccine.
Res. Report at 4.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post it 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).

Case 1:14-vv-00568-UNJ Document 14 Filed 10/22/14 Page 2 of 2
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00568-1
Date issued/filed: 2015-02-24
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 02/02/2015) regarding 22 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer,, (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00568-UNJ Document 26 Filed 02/24/15 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-568V
Filed: February 2, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOSEPH J. KRAUS, a married man, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Tetanus-Diphtheria-acellular Pertussis;
* Tdap; Table Injury; Brachial Neuritis;
SECRETARY OF HEALTH * Neurapraxia; Special Processing Unit;
AND HUMAN SERVICES, * Attorneys’ Fees and Costs Decision
* Based on Proffer
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Marc Silverman, Esq., Bellevue, WA, for petitioner.
Justine Walters, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1
Vowell, Chief Special Master:
On July 3, 2014, Joseph J. Kraus filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., [the
“Vaccine Act” or “Program”]. Petitioner alleged that he suffered neurapraxia as a result
of a tetanus-diphtheria-acellular pertussis [“Tdap”] vaccination he received on August
25, 2011. Petition at 2. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On September 29, 2014, 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 2. Specifically, respondent indicated that the facts of the case support a finding that
petitioner suffered the Vaccine Table Injury of brachial neuritis within 2 to 28 days of
receiving the Tdap vaccine. Id. at 4. Respondent agreed that petitioner’s injury lasted
for more than 6 months and were not caused by a factor unrelated to the Tdap vaccine.
Id.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it 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.

Case 1:14-vv-00568-UNJ Document 26 Filed 02/24/15 Page 2 of 6
On September 30, 2014, I issued a ruling on entitlement, finding petitioner
entitled to compensation. On January 29, 2015, respondent filed a proffer on award of
compensation [“Proffer”] detailing compensation in the amount of $225,000.00 for actual
and projected pain and suffering and in the amount of $2,019.76 for past unreimbursed
expenses for a total of $227,019.76. Proffer at 2. Respondent averred that petitioner
agreed to the amounts set forth therein. Id. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a).
The proffer also included an award of attorneys’ fees and costs in the amount of
$8,905.08 to which petitioner agreed. Id. In accordance with General Order #9,
petitioner’s counsel asserts that petitioner incurred $175.00 in litigation expenses. Id.
The Vaccine Act permits an award of reasonable fees and costs. 42 U.S.C. § 300 aa-
15(e). I find the proposed total amount of $9,080.08 to be reasonable.
Pursuant to the terms stated in the attached Proffer, I award petitioner a
payment of $236,099.84 as follows:
a. a lump sum payment of $227,194.76 in the form of a check payable solely to
petitioner, Joseph J. Kraus;
b. a lump sum payment of $8,905.08 in the form of a check payable jointly to
petitioner, Joseph J. Kraus and petitioner’s counsel, Marc Silverman.
The clerk of the court is directed to enter judgment in accordance with this
decision.2
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

CCaassee 11::1144--vvvv--0000556688--UUNNJJ DDooccuummeenntt 2216 FFiilleedd 0012//2294//1155 PPaaggee 13 ooff 46
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JOSEPH J. KRAUS, a Married Man, )
)
Petitioner, )
) No. 14-568V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on September 29, 2014.
A. Future Unreimbursable Expenses
The parties agree that based upon the evidence of record, petitioner will not require future
care for his vaccine-related injury. Therefore, respondent proffers that petitioner should be
awarded no future unreimbursable expenses under 42 U.S.C. § 300aa-15(a)(1).
Petitioner agrees.
B. Lost Future Earnings
The parties agree that based upon the evidence of record, petitioner has been and will
continue to be gainfully employed in the future. Therefore, respondent proffers that petitioner
should be awarded no anticipated loss of earnings under 42 U.S.C. § 300aa-15(a)(3)(B).
Petitioner agrees.

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C. Pain and Suffering
Respondent proffers that petitioner should be awarded $225,000.00 in 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 his vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $2,019.76. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens against him.
F. Attorneys’ Fees and Costs
Petitioner has supplied documentation of reasonable attorneys’ fees and litigation costs
expended by petitioner’s counsel in the amount of $8,905.08, incurred in pursuit of this petition.
In compliance with General Order #9, petitioner represents that he incurred $175.00 in costs in
proceeding on the petition. Respondent proffers that petitioner should be awarded a total of
$9,080.08 for attorneys’ fees and litigation costs. Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
lump sum payments as described below and request that the Chief 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.
-2-

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A. A lump sum payment of $225,000.00, representing compensation for pain and
suffering, in the form of a check payable to petitioner;
B. A lump sum payment of $2,019.76, representing compensation for past
unreimbursable expenses, in the form of a check payable to petitioner;
C. A lump sum payment of $175.00, for litigation costs, in the form of a check payable
to petitioner; and
D. A lump sum payment of $8,905.08 for attorneys’ fees and costs, in the form of a
check payable jointly to petitioner and petitioner’s attorney. Petitioner agrees to endorse this
payment to petitioner’s attorney.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner: $227,194.76
B. Reasonable Attorneys’ Fees and Costs
payable jointly to petitioner and petitioner’s counsel: $8,905.08
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Tort Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
-3-

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s/ Justine Walters
JUSTINE WALTERS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 307-6393
Dated: January 29, 2015
-4-