VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00607
Package ID: USCOURTS-cofc-1_14-vv-00607
Petitioner: Nanci Brill
Filed: 2014-10-14
Decided: 2015-10-14
Vaccine: influenza
Vaccination date: 2011-09-13
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 295000

AI-assisted case summary:
Nanci Brill filed a petition on October 14, 2014, under the National Childhood Vaccine Injury Act, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 13, 2011. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on June 25, 2015, conceding that Ms. Brill suffered from a SIRVA injury and recommending compensation. The parties subsequently entered into a proffer for an award of compensation. On October 14, 2015, Special Master Laura D. Millman issued a decision awarding Ms. Brill a lump sum payment of $295,000.00. This amount represents all elements of compensation to which she would be entitled under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-15(a). The award was made payable to Nanci Brill, who is a competent adult. Petitioner was represented by Ronald C. Homer, and respondent was represented by Michael P. Milmoe. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Nanci Brill alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 13, 2011. Respondent conceded entitlement to compensation for the SIRVA injury. The case proceeded via a proffer on award of compensation. The Special Master found the proffer reasonable and awarded $295,000.00 as a lump sum, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). The public text indicates the theory is "Table" for SIRVA. No specific medical experts or detailed causation mechanism were described in the public decision. The award was made to Nanci Brill, a competent adult. Decision date: October 14, 2015. Petitioner counsel: Ronald C. Homer. Respondent counsel: Michael P. Milmoe. Special Master: Laura D. Millman.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00607-0
Date issued/filed: 2015-11-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/14/2015) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:14-vv-00607-UNJ Document 29 Filed 11/04/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-607V
Filed: October 14, 2015
Not for Publication
*************************************
NANCI BRILL, *
*
Petitioner, *
Damages decision based on
*
proffer; influenza (“flu”) vaccine;
v. *
shoulder injury related to vaccine
*
administration (“SIRVA”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Ronald C. Homer, Boston, MA, for petitioner.
Michael P. Milmoe, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On July 14, 2014, petitioner filed a petition under the National Childhood Vaccine Injury
Act, 42 U.S.C. §§ 300aa-10–34 (2012), alleging that she suffered a shoulder injury as a result of
the influenza (“flu”) vaccination she received on September 13, 2011. On June 25, 2015,
respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury
related to vaccine administration (“SIRVA”) and recommending compensation.
1 Because this decision contains a reasoned explanation for the special master's action in this case, the
special master intends to post this decision on the United States Court of Federal Claims's website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the
public unless they contain trade secrets or commercial or financial information that is privileged and
confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted
invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact
such information prior to the document=s disclosure. If the special master, upon review, agrees that the
identified material fits within the banned categories listed above, the special master shall redact such
material from public access.

Case 1:14-vv-00607-UNJ Document 29 Filed 11/04/15 Page 2 of 4
On October 14, 2015, respondent filed Respondent’s Proffer on Award of Compensation.
The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole,
the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to
the terms stated in the attached proffer, the court awards a lump sum payment of $295,000.00
representing all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). The award shall be in the form of a check for $295,000.00 made payable to
petitioner, Nanci Brill.
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.2
IT IS SO ORDERED.
Dated: October 14, 2015 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:14-vv-00607-UNJ Document 29 Filed 11/04/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
NANCI BRILL, )
)
Petitioner, ) No. 14-607V
) Special Master Millman
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On June 25, 2015, respondent filed a Rule 4(c) Report conceding that petitioner was
entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration
(“SIRVA”) injury. Respondent proffers that, based on the evidence of record, petitioner should
be awarded $295,000.00. 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.
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 $295,000.00 in the form of a check payable to petitioner, Nanci
Brill. This amount accounts for all elements of compensation under 42 U.S.C.
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.

Case 1:14-vv-00607-UNJ Document 29 Filed 11/04/15 Page 4 of 4
§ 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,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
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: October 14, 2015 Fax: (202) 616-4310