VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00107
Package ID: USCOURTS-cofc-1_15-vv-00107
Petitioner: Aaron Prior
Filed: 2015-02-02
Decided: 2015-07-27
Vaccine: Tdap
Vaccination date: 2014-03-31
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 95280

AI-assisted case summary:
Aaron Prior filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a tetanus-diphtheria-pertussis (Tdap) vaccination on March 31, 2014, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a report conceding that the petitioner's injury was consistent with SIRVA and that he had met all legal prerequisites for compensation. Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Aaron Prior entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. The proffer detailed a total award of $95,280.48, comprising $80,000.00 for pain and suffering and $780.48 for past unreimbursable medical expenses, to which the petitioner agreed. Additionally, attorneys' fees and costs in the amount of $14,500.00 were awarded. The decision was finalized on July 27, 2015, with judgment to be entered accordingly.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00107-0
Date issued/filed: 2015-06-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/01/2015) regarding 15 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00107-UNJ Document 20 Filed 06/25/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0107V
Filed: June 1, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
AARON PRIOR, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus-diphtheria-pertussis (“Tdap”)
v. * vaccine; Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Sarah C. Duncan, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT
Vowell, Chief Special Master:
On February 2, 2015, Aaron Prior 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”]. The petition alleges that as a result of a tetanus-
diphtheria-pertussis (“Tdap”) vaccination on March 31, 2014, petitioner suffered a
shoulder injury related to vaccine administration (“SIRVA”). Am. Pet. at preamble. The
case was assigned to the Special Processing Unit (“SPU”) of the Office of Special
Masters.
On June 1, 2015, respondent filed her Rule 4(c) Report [“Respondent’s Report”],
in which she concedes that petitioner is entitled to compensation in this case.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be
posted 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 1:15-vv-00107-UNJ Document 20 Filed 06/25/15 Page 2 of 2
Respondent’s Report at 4. Specifically, respondent “believes that petitioner’s alleged
injury is consistent [with a] SIRVA.” Id. Respondent stated that “based on the record as
it now stands, petitioner has satisfied all legal prerequisites for compensation under the
[Vaccine] Act.” Id.
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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00107-1
Date issued/filed: 2015-07-27
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 06/24/2015) regarding 19 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer,, ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00107-UNJ Document 24 Filed 07/27/15 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0107V
Filed: June 24, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
AARON PRIOR, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Tetanus-diphtheria-pertussis (“Tdap”);
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”); Attorneys’
* Fees and Costs Decision Based on
Respondent. * Proffer
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Sarah C. Duncan, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS
Vowell, Chief Special Master:
On February 2, 2015, Aaron Prior 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”]. The petition alleged that as a result of a tetanus-
diphtheria-pertussis (“Tdap”) vaccination on March 31, 2014, petitioner suffered a
shoulder injury related to vaccine administration (“SIRVA”). The case was assigned to
the Special Processing Unit (“SPU”) of the Office of Special Masters.
On June 1, 2015, 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 4.
On that same date I issued a ruling on entitlement, finding petitioner entitled to
compensation.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, it will be
posted 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 1:15-vv-00107-UNJ Document 24 Filed 07/27/15 Page 2 of 6
On June 22, 2015, respondent filed a proffer on award of compensation
[“Proffer”] detailing compensation in the amount of $80,780.48, representing $80,000.00
for actual and projected pain and suffering and $780.48 for past unreimbursed medical
expenses. Proffer at 2. Respondent averred that petitioner agreed to the amount set
forth therein.3 Id. This amount represents compensation for all damages that would be
available under § 15(a).
The proffer also included an award of attorneys’ fees and costs in the amount of
$14,500.00 to which petitioner agreed. Id. at 3. In accordance with General Order #9,
petitioner’s counsel asserts that petitioner incurred no out-of-pocket litigation expenses.
Id. The Vaccine Act permits an award of reasonable fees and costs. §15(e). I find the
proposed total amount of $14,500.00 to be reasonable.
Pursuant to the terms stated in the attached Proffer, I award petitioner a
payment of $95,280.48 as follows:
a. a lump sum payment of $80,780.48 in the form of a check payable solely to
petitioner, Aaron Prior;
b. a lump sum payment of $14,500.00 in the form of a check payable jointly to
petitioner, Aaron Prior and petitioner’s counsel, Paul Brazil.
The clerk of the court is directed to enter judgment in accordance with this
decision.4
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 The proffer indicates that the parties have agreed that no award should be made for future medical care
expenses and lost earnings. Proffer at 2.
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

Case 1:15-vv-00107-UNJ Document 24 Filed 07/27/15 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
AARON PRIOR, )
)
Petitioner, )
) No. 15-0107V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 2, 2015, Aaron Prior (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine
Act”). Petitioner amended his petition for compensation on March 30, 2015. Petitioner alleges
that he received a tetanus-diphtheria-pertussis (“Tdap”) vaccine in his left arm on March 31,
2014, and subsequently suffered an injury to his left shoulder secondary to the vaccination. See
generally Dkt. 14, Resp.’s Rep. at 1-4. The Secretary of Health and Human Services
(“respondent”) filed a Vaccine Rule 4(c) report, conceding that petitioner suffered from a
shoulder injury related to vaccine administration (“SIRVA”), and recommending that the Court
award petitioner compensation. Id. at 1, 4-5. Respondent hereby submits the following proffer
regarding the award of compensation.

Case 1:15-vv-00107-UNJ Document 24 Filed 07/27/15 Page 4 of 6
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioner is not entitled to
an award for projected unreimbursable medical care expenses incurred from the date of
judgment as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner
agrees.
B. Lost Earnings
Respondent proffers that based upon the evidence of record, petitioner has not and is
not likely to suffer a loss of earnings as a result of his vaccine-related injury. Accordingly,
petitioner should not be awarded lost future earnings as provided under the Vaccine Act, 42
U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded a lump sum of $80,000.00 for
his 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 petitioner’s vaccine-related injury. Respondent proffers that petitioner
should be awarded past unreimbursable expenses in the amount of $780.48. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to his
vaccine-related injury.
2

Case 1:15-vv-00107-UNJ Document 24 Filed 07/27/15 Page 5 of 6
F. Attorneys’ Fees and Costs
Petitioner has supplied documentation of reasonable attorneys’ fees and costs in the
amount of $14,500.00. Pursuant to General Order #9, petitioner’s counsel has represented to
respondent’s counsel that petitioner incurred no out-of-pocket expenses in proceeding on the
petition. Respondent proffers that petitioner should be awarded $14,500.00 for attorneys’
fees and costs. Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through lump sum payments as described below, and request that the Special Master’s
decision and the Court’s judgment award the following1:
A. A lump sum payment of $80,780.48 (representing compensation for
actual and projected pain and suffering, and past unreimbursable expenses related
to the vaccine-related injury), in the form of a check payable to petitioner; and
B. A lump sum of $14,500.00 in the form of a check payable to petitioner and
petitioner’s attorney, Paul Brazil, Esq., for attorneys’ fees and costs. Petitioner agrees to
endorse this payment to petitioner’s attorney.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner: $ 80,780.48
B. Reasonable attorneys’ fees and costs: $ 14,500.00
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 pain
and suffering.
3

Case 1:15-vv-00107-UNJ Document 24 Filed 07/27/15 Page 6 of 6
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
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
s/ Sarah C. Duncan
Sarah C. Duncan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 514-9729
Fax: (202) 616-4310
DATED: June 22, 2015
4