VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00592
Package ID: USCOURTS-cofc-1_14-vv-00592
Petitioner: David Duncan
Filed: 2014-10-28
Decided: 2016-05-13
Vaccine: Tdap
Vaccination date: 2012-10-26
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 193000

AI-assisted case summary:
David Duncan filed a petition for compensation under the National Vaccine Injury Compensation Program on July 11, 2014, alleging he suffered pain and weakness in his shoulder and arm following the administration of the tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on October 26, 2012. The respondent conceded that Mr. Duncan met the statutory requirements for demonstrating an "on-Table" case of brachial neuritis. Following a ruling on entitlement issued by Chief Special Master Denise Kathryn Vowell on October 28, 2014, finding Mr. Duncan entitled to compensation, the case proceeded to damages. On March 18, 2016, the respondent filed a proffer on award of compensation, proposing an award of $193,000.00. Mr. Duncan, described as a competent adult, accepted the proffer. Chief Special Master Nora Beth Dorsey issued a decision on May 13, 2016, awarding Mr. Duncan a lump sum payment of $193,000.00. The award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner counsel was Isaiah Kalinowski of Maglio Christopher and Toale, PA. Respondent counsel was Michael Milmoe of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner David Duncan received a Tdap vaccine on October 26, 2012, and subsequently alleged brachial neuritis. The respondent conceded that the petitioner met the statutory requirements for an "on-Table" injury. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on October 28, 2014, finding the petitioner entitled to compensation. The case was resolved via a stipulation/proffer on damages. On March 18, 2016, respondent filed a proffer proposing an award of $193,000.00, which petitioner accepted. Chief Special Master Nora Beth Dorsey issued a decision on May 13, 2016, awarding a lump sum of $193,000.00 to petitioner David Duncan. Petitioner counsel was Isaiah Kalinowski, and respondent counsel was Michael Milmoe. The specific mechanism of injury, medical experts, and detailed clinical facts were not described in the provided public text.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00592-0
Date issued/filed: 2014-11-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/28/2014) regarding 16 Ruling on Entitlement Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00592-UNJ Document 18 Filed 11/21/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-592V
Filed: October 28, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DAVID DUNCAN, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Tetanus-Diphtheria-acellular Pertussis;
* Tdap; Table Injury; Brachial Neuritis;
SECRETARY OF HEALTH * Brachial Plexus
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On July 11, 2014, David Duncan 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 alleges he suffered pain and
weakness in his shoulder and arm following the administration of the tetanus,
diphtheria, and acellular pertussis [“TDAP”] vaccine on October 26, 2012. Petition at 1,
4. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 6, 2014, respondent filed a status report indicating she would
“concede that petitioner meets the statutory requirements for demonstrating an on-
Table case of brachial neuritis” if I determined petitioner received a vaccination on
October 26, 2012. Status Report at 1. After examining the evidence, I found “that
petitioner received a TDAP vaccine in his left shoulder on October 26, 2012” and
ordered respondent to file her Rule 4(c) report by November 7, 2014. Order and Ruling
on Facts, issued Oct. 8, 2014, at 2.
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-00592-UNJ Document 18 Filed 11/21/14 Page 2 of 2
During a telephonic status conference held on October 22, 2014,3 respondent’s
counsel confirmed that respondent was conceding the case in light of my ruling. He
asked if he was required to file a Rule 4(c) report or if the status report filed on October
6, 2014 and counsel’s verbal confirmation of respondent’s concession on October 22,
2014 was sufficient for me to rule that petitioner was entitled to compensation.
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
3 During the call, Isaiah Kalinowski appeared on behalf of petitioner, and Michael Milmoe appeared on
behalf of respondent. Stacy Sims appeared on my behalf as the OSM staff attorney managing the case.
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00592-1
Date issued/filed: 2016-05-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/18/2016) regarding 51 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00592-UNJ Document 55 Filed 05/13/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-592V
Filed: March 18, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DAVID DUNCAN, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus-Diphtheria-acellular Pertussis;
v.
* (“Tdap”); Table Injury; Brachial Neuritis;
SECRETARY OF HEALTH * Brachial Plexus; Special Processing
AND HUMAN SERVICES, * Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio Christopher and Toale, PA (DC), for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 11, 2014, David Duncan 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 alleges he suffered pain and weakness in his
shoulder and arm following the administration of the tetanus, diphtheria, and acellular
pertussis (“TDAP”) vaccine on October 26, 2012. Petition at 1, 4. (ECF No. 1). The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 28, 2014, a ruling on entitlement was issued, finding that petitioner
was entitled to compensation. (ECF No. 16). On March 18, 2016, respondent filed a
proffer on award of compensation [“Proffer”] stating that petitioner should be awarded
$193,000.00. Proffer at 1 (ECF No. 49). According to respondent’s Proffer, petitioner
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 (2012)). 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 (2012).

Case 1:14-vv-00592-UNJ Document 55 Filed 05/13/16 Page 2 of 4
agrees to the proposed award of compensation. Id. Furthermore, petitioner has filed an
“Acceptance of Proffer.” Notice, filed Mar. 18, 2016 (ECF No. 50).
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $193,000.00 in the form of a check payable to
petitioner, David Duncan. This amount represents compensation for all damages that
would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief 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.
2

CCaassee 11::1144--vvvv--0000559922--UUNNJJ DDooccuummeenntt 4595 FFiilleedd 0035//1183//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
DAVID DUNCAN, )
)
Petitioner, ) No. 14-592V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On October 28, 2014, then Chief Special Master Denise Vowell issued a Ruling on
Entitlement finding that petitioner was entitled to vaccine compensation for his brachial neuritis.
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$193,000.00. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the special master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $193,000.00 in the form of a check payable to petitioner, David
Duncan. This amount accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
1 Should petitioner die prior to entry of judgment, respondent reserves 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.

CCaassee 11::1144--vvvv--0000559922--UUNNJJ DDooccuummeenntt 4595 FFiilleedd 0035//1183//1166 PPaaggee 24 ooff 24
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Michael P. Milmoe
MICHAEL P. MILMOE
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) 616-4125
Dated: March 18, 2016 Fax: (202) 616-4310