VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00303
Package ID: USCOURTS-cofc-1_15-vv-00303
Petitioner: Robert VanOsdol
Filed: 2015-03-25
Decided: 2015-10-20
Vaccine: Tdap
Vaccination date: 2012-04-13
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Robert VanOsdol filed a petition for compensation under the National Vaccine Injury Compensation Program on March 25, 2015, alleging he suffered brachial neuritis after receiving a Tetanus, diphtheria and acellular pertussis (Tdap) vaccine on April 13, 2012. The case was assigned to the Special Processing Unit. On June 22, 2015, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement. The respondent, the Secretary of Health and Human Services, conceded that Mr. VanOsdol was entitled to compensation, stating that medical personnel had reviewed the petition and supporting documentation and concluded that Mr. VanOsdol suffered a Table brachial neuritis. The respondent further stated that there was no preponderance of evidence that the condition was due to factors unrelated to the vaccination, and therefore, compensation was appropriate. Following this ruling, on July 30, 2015, the parties filed a proffer on award of compensation. They agreed to a lump sum payment of $75,000.00 for all damages, to be paid as a check to Robert VanOsdol, who is a competent adult. This amount represented compensation for all elements of damages available under 42 U.S.C. § 300aa-15(a). On September 25, 2015, the parties filed a stipulation of fact concerning attorneys' fees and costs. They agreed upon an award of $8,832.19. Petitioner's counsel, John Robert Howie, Jr. of Howie Law, P.C., represented that Mr. VanOsdol incurred no out-of-pocket expenses. On October 20, 2015, Chief Special Master Nora Beth Dorsey issued a decision on attorneys' fees and costs, awarding the agreed-upon amount of $8,832.19. This award was to be paid as a lump sum in the form of a check jointly payable to petitioner Robert VanOsdol and his counsel, John R. Howie, Jr. The total compensation awarded was $75,000.00, plus $8,832.19 for attorney fees and costs.

Theory of causation field:
Petitioner Robert VanOsdol alleged brachial neuritis following a Tdap vaccination on April 13, 2012. The respondent conceded entitlement, stating that petitioner suffered a Table brachial neuritis and that there was no evidence the condition was due to factors unrelated to the vaccination. The case was resolved via stipulation. The Special Processing Unit reviewed the petition and supporting documentation. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on June 22, 2015. A proffer on award of compensation was filed on July 30, 2015, agreeing to a $75,000.00 lump sum payment for all damages. Attorney fees and costs were stipulated and awarded on October 20, 2015, in the amount of $8,832.19, jointly payable to petitioner and counsel John Robert Howie, Jr. Petitioner's counsel was John Robert Howie, Jr. of Howie Law, P.C. Respondent's counsel was Lara Ann Englund of the U.S. Department of Justice. The theory of causation was a "Table" injury. No specific medical experts or detailed clinical information regarding onset, symptoms, tests, or treatment were described in the public text. The total award was $75,000.00 plus $8,832.19 in attorney fees and costs.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00303-0
Date issued/filed: 2015-07-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/22/2015) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00303-UNJ Document 16 Filed 07/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-303V
Filed: June 22, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT VANOSDOL, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus diphtheria acellular pertussis
* (“Tdap”); Brachial Neuritis; Table Injury;
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On March 25, 2015, Robert VanOsdol 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 that he suffered brachial neuritis after
receiving a Tetanus, diphtheria and acellular pertussis (“Tdap”) vaccine on April 13,
2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On June 22, 2015, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent states that “Medical personnel at the Division of Injury
Compensation Programs, Department of Health and Human Services (“DICP”), have
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 1:15-vv-00303-UNJ Document 16 Filed 07/27/15 Page 2 of 2
reviewed the petition and supporting documentation filed in this case. Based on this
review, DICP concludes that petitioner suffered a Table brachial neuritis, and that there
is not a preponderance of evidence that the brachial neuritis was due to factors
unrelated to the vaccination. Therefore, compensation is appropriate.” Id. at 4.
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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00303-1
Date issued/filed: 2015-09-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/30/2015) regarding 18 DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00303-UNJ Document 22 Filed 09/02/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-303V
Filed: July 30, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT VANOSDOL, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus diphtheria acellular pertussis
* (“Tdap”); Brachial Neuritis;
SECRETARY OF HEALTH * Table Injury; Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C. Dallas, TX, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On March 25, 2015, Robert VanOsdol 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 that he suffered brachial neuritis
following administration of a Tetanus, diphtheria and acellular pertussis (Tdap) vaccine
on April 13, 2012. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On June 22, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation for brachial neuritis. On July 30, 2015, respondent filed a proffer on
award of compensation [“Proffer”] indicating petitioner should be awarded $75,000.00.
Proffer at 1.
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.
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 1:15-vv-00303-UNJ Document 22 Filed 09/02/15 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $75,000.00 in the form of a check payable to petitioner, Robert
VanOsdol. 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
s/Denise K. Vowell
Denise K. Vowell
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.

CCaassee 11::1155--vvvv--0000330033--UUNNJJ DDooccuummeenntt 1272 FFiilleedd 0079//3002//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ROBERT VANOSDOL, )
)
Petitioner, )
)
v. ) No. 15-303V
) Chief Special Master Denise Vowell
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$75,000.00. 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
The parties recommend that the compensation provided to petitioner should be made as a
lump sum payment of $75,000.00, in the form of a check payable to petitioner.1 Petitioner is a
competent adult. Evidence of guardianship is not required in this case. This amount accounts
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

CCaassee 11::1155--vvvv--0000330033--UUNNJJ DDooccuummeenntt 1272 FFiilleedd 0079//3002//1155 PPaaggee 24 ooff 24
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/ LARA A. ENGLUND
LARA A. ENGLUND
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) 307-3013
Dated: July 30, 2015
2

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_15-vv-00303-2
Date issued/filed: 2015-10-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/25/2015) regarding 26 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00303-UNJ Document 29 Filed 10/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-303V
Filed: September 25, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT VANOSDOL, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas TX, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On March 25, 2015, Robert VanOsdol 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 experienced brachial neuritis
after receiving a Tentanus, diphtheria and acellular pertussis (Tdap”) vaccine on April
13, 2012. On July 30, 2015, I issued a decision awarding compensation to petitioner
based on the parties’ stipulation.
On September 25, 2015, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision 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), petitioners have 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 1:15-vv-00303-UNJ Document 29 Filed 10/20/15 Page 2 of 2
award of $8,832.19. In accordance with General Order #9, petitioner’s counsel
represents that petitioner incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total of $8,832.193 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel John R. Howie, Jr.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).