VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01516
Package ID: USCOURTS-cofc-1_15-vv-01516
Petitioner: Tonya Brock
Filed: 2015-12-15
Decided: 2016-11-01
Vaccine: influenza
Vaccination date: 2014-10-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Tonya Brock filed a petition for compensation on December 15, 2015, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 20, 2014. The respondent, represented by Althea Walker Davis of the U.S. Department of Justice, filed a Rule 4(c) report conceding that Ms. Brock's alleged injury was consistent with SIRVA, was caused-in-fact by the flu vaccine, and that she suffered sequelae for more than six months. Based on this concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 6, 2016, finding Ms. Brock entitled to compensation. Subsequently, on August 23, 2016, the respondent filed a proffer agreeing to an award of $60,000.00, which petitioner accepted. Ms. Brock was represented by Maximillian J. Muller of Muller Brazil, LLP. On November 1, 2016, Chief Special Master Dorsey issued a decision awarding Ms. Brock a lump sum payment of $60,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments undertaken.

Theory of causation field:
Petitioner Tonya Brock alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 20, 2014. The respondent conceded that the injury was consistent with SIRVA, was caused-in-fact by the vaccine, and resulted in sequelae lasting more than six months. The public text does not specify the medical mechanism, expert testimony, or specific diagnostic findings. Chief Special Master Nora Beth Dorsey ruled on entitlement on May 6, 2016, based on the respondent's concession. A subsequent proffer on August 23, 2016, agreed to a $60,000.00 award, which was accepted by the petitioner and formalized in a decision by Chief Special Master Dorsey on November 1, 2016. The award was a lump sum payment of $60,000.00. Petitioner was represented by Maximillian J. Muller, and respondent by Althea Walker Davis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01516-0
Date issued/filed: 2016-06-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/06/2016) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01516-UNJ Document 15 Filed 06/01/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1516V
Filed: May 6, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TONYA BROCK, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 15, 2015, Tonya Brock (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder
injury after receiving an influenza (“flu”) vaccine on October 20, 2014. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 6, 2016, 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 petitioner’s “alleged injury is consistent with
shoulder injury related to vaccine administration (SIRVA), and that it was caused-in-fact
by the flu vaccine she received on October 20, 2014.” Id. at 3. Respondent further
states that petitioner had demonstrated that she “suffered the sequela of her injury for
more than six months.” Id.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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-01516-UNJ Document 15 Filed 06/01/16 Page 2 of 2
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-01516-1
Date issued/filed: 2016-11-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/23/2016) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01516-UNJ Document 27 Filed 11/01/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1516V
Filed: August 23, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TONYA BROCK, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 15, 2015, Tonya Brock (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder
injury after receiving an influenza (“flu”) vaccine on October 20, 2014. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 6, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On August 23, 2016, respondent filed a proffer on award of
compensation (“Proffer”) states petitioner should be awarded $60,000.00. Proffer at 1.
In the Proffer, respondent represents that petitioner agrees with the proffered award.
Based on the record as a whole, the undersigned finds that petitioner is entitled to an
award as stated in the Proffer.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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-01516-UNJ Document 27 Filed 11/01/16 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $60,000.00, in the form of a check payable to
petitioner, Tonya Brock. 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 the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:15-vv-01516-UNJ Document 27 Filed 11/01/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
TONYA BROCK, )
)
Petitioner, ) No. 15-1516V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$60,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment of $60,000.00, in the form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.

Case 1:15-vv-01516-UNJ Document 27 Filed 11/01/16 Page 4 of 4
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
s/Althea Walker Davis
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
DATED: 23 August 2016