VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00269
Package ID: USCOURTS-cofc-1_18-vv-00269
Petitioner: E.S.
Filed: 2018-09-19
Decided: 2018-10-24
Vaccine: Tdap
Vaccination date: 2016-09-06
Condition: Parsonage-Turner Syndrome, also known as brachial neuritis, and/or a shoulder injury
Outcome: compensated
Award amount USD: 229307.77

AI-assisted case summary:
William B. and Christina M. Strickland, as parents, filed a petition on behalf of E.S. on September 19, 2018, seeking compensation under the National Vaccine Injury Compensation Program. They alleged that E.S. suffered Parsonage-Turner Syndrome, also known as brachial neuritis, and/or a shoulder injury as a result of Diphtheria Tetanus acellular Pertussis (DTaP), Hepatitis B, Haemophilus influenza type b (Hib), Polio Inactivated Virus (IPV), and Pneumococcal Conjugate vaccinations administered on September 6, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 17, 2018, conceding that E.S. is entitled to compensation. The respondent agreed that E.S. suffered a "Table injury" under the Vaccine Act, specifically brachial neuritis, with an onset occurring within two to twenty-eight days following the DTaP vaccination. Furthermore, the respondent acknowledged that E.S.'s medical records indicated sequelae of the injury lasting more than six months after vaccination, meeting the statutory requirements for entitlement. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey ruled that E.S. was entitled to compensation. The public decision does not describe the specific onset symptoms, medical tests, treatments, or expert witnesses involved in this case. The attorneys for the petitioner were John Wesley Frost, II, of Frost Van den Boom & Smith, P.A., and for the respondent, Mallori Browne Openchowski, of the U.S. Department of Justice.

Theory of causation field:
The petitioner alleged that E.S. suffered Parsonage-Turner Syndrome, also known as brachial neuritis, and/or a shoulder injury following DTaP, Hepatitis B, Hib, IPV, and Pneumococcal Conjugate vaccinations administered on September 6, 2016. The respondent conceded entitlement, agreeing that E.S. suffered a "Table injury" specifically brachial neuritis, with onset within two to twenty-eight days of the DTaP vaccination. The respondent also agreed that the sequelae of the injury lasted more than six months, meeting statutory requirements. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award amount. The case was decided by Chief Special Master Nora Beth Dorsey on October 24, 2018, with attorneys John Wesley Frost, II, for the petitioner and Mallori Browne Openchowski for the respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00269-0
Date issued/filed: 2018-10-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/19/2018) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00269-UNJ Document 28 Filed 10/24/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0269V
Filed: September 19, 2018
UNPUBLISHED
WILLIAM B. STRICKLAND and
CHRISTINA M. STRICKLAND, on Special Processing Unit (SPU);
behalf of E.S., Ruling on Entitlement; Concession;
Table Injury; Tetanus Diphtheria
Petitioners, acellular Pertussis (Tdap) Vaccine;
v. Hepatitis B (Hep B) Vaccine;
Haemophilus influenzae type b (Hib)
SECRETARY OF HEALTH AND Vaccine; Polio Inactivated Virus (IPV)
HUMAN SERVICES, Vaccine; Pneumococcal Conjugate
Vaccine; Brachial Neuritis; Shoulder
Respondent. Injury
John Wesley Frost, II, Frost Van den Boom & Smith, P.A., Barstow, FL, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 21, 2018, 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”). Petitioners alleges that E.S. suffered Parsonage-Turner Syndrome, also
known as brachial neuritis, and/or a shoulder injury as a result of Diphtheria Tetanus
acellular Pertussis (“DTaP”), Hepatitis B, Haemophilus influenza type b (“Hib”), Polio
Inactivated Virus (“IPV”), and Pneumococcal Conjugate vaccinations administered on
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 1:18-vv-00269-UNJ Document 28 Filed 10/24/18 Page 2 of 2
September 6, 2016. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On September 17, 2018, respondent filed his Rule 4(c) report in which he
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Respondent states that the Division of Injury Compensation Programs,
Department of Health and Human Services has concluded that E.S. suffered a Table
injury under the Vaccine Act. Id. at 9. Specifically, respondent agrees that E.S.
suffered brachial neuritis, the onset of which occurred within two to twenty-eight days
following his September 6, 2016 DTaP vaccination Id. Respondent further agrees that
E.S.’s medical records show that he suffered the sequela of his injury for more than six
months after vaccination and has met the statutory requirements for entitlement to
compensation. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00269-1
Date issued/filed: 2022-03-14
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 2/18/2022) regarding 92 DECISION on Proffer. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:18-vv-00269-UNJ Document 93 Filed 03/14/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 18, 2022
* * * * * * * * * * * * *
WILLIAM B. STRICKLAND, *
and, CHRISTINA STRICKLAND * UNPUBLISHED
on behalf of E.S., *
*
Petitioner, * No. 18-269V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Decision on Proffer; Parsonage
AND HUMAN SERVICES, * Turner Syndrome; Diphtheria-
* Tetanus-acellular Pertussis
Respondent. * (“DTaP”); Hepatitis B; Hib; IPV.
* * * * * * * * * * * * *
John W. Frost, II, Frost Van den Boom & Smith, P.A., Bartow, Florida, for petitioners.
Mallori B. Openchowski, U.S. Dept. of Justice, Washington, D.C., for respondent.
DECISION ON PROFFER1
On February 21, 2018, William and Christina Strickland, on behalf of their minor child,
E.S. (“petitioners”) filed a petition for compensation under the National Childhood Vaccine
Injury Act.2 Petition (ECF No. 1). Petitioner alleged that as a result of E.S. receiving the
Diphtheria-Tetanus-acellular Pertussis (“DTAP”), hepatitis B, Hib, IPV, and the pneumococcal
conjugate vaccines on September 6, 2016 caused him to suffer Parsonage-Turner Syndrome. Id.
at Preamble.
On September 17, 2018, respondent filed the Rule 4(c) report conceding that entitlement
to compensation for petitioners was appropriate. Respondent’s (“Resp.”) Report (“Rept.”) (ECF
1 In accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012), because this opinion contains a
reasoned explanation for the action in this case, this opinion will be posted on the website of the United States
Court of Federal Claims. This means the opinion will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)B), however, the parties may object to the published Decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has 14 days within
which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or
financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). If neither
party files a motion for redaction within 14 days, the entire opinion will be posted on the website and available
to the public in its current form. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to 34 (2012)
(hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of
the Act.

Case 1:18-vv-00269-UNJ Document 93 Filed 03/14/22 Page 2 of 8
no. 19). On September 19, 2018, a Ruling on Entitlement was entered by then Chief Special
Master Dorsey, finding that E.S. is entitled to compensation. Ruling on Entitlement (ECF No.
20).
On February 18, 2022, respondent file a Proffer on Award of Compensation, attached
hereto as Appendix A. Resp. Proffer (ECF No. 91). Additionally, accompanying the proffer,
respondent filed a Funding Plan for the Life Care Plan. Resp. Proffer, Appendix A. In the
proffer, respondent represented that petitioner agrees with the proffered award. Id. at 1-3. Based
on the record as whole, the undersigned finds that petitioner is entitled to an award as stated in
the Proffer.
Pursuant to the terms stated in the Proffer, the undersigned awards the following:
A) A lump sum payment of $217,846.98, representing compensation for life care
expenses in the first year after judgment ($14,615.55) and pain and suffering
($203,231.43), in the form of a check payable to petitioners as
guardian(s)/conservator(s) of the estate of E.S., for the benefit of E.S.
B) A lump sum payment of $11,460.79, representing compensation for past
unreimburseable expenses, in the form of a check payable to petitioners, William
B. Strickland and Christina Strickland.
C) An amount sufficient to purchase the annuity contract, subject to the conditions
described in the proffer and appendix.
Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with
the foregoing.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

Case 1:18-vv-00269-UNJ Document 93 Filed 03/14/22 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
WILLIAM B. STRICKLAND and )
CHRISTINA M. STRICKLAND, on behalf of )
E.S., )
Petitioners, )
)
v. ) No. 18-269V
) Special Master Gowen
SECRETARY OF THE DEPARTMENT OF ) ECF
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 21, 2018, William and Christina Strickland (“petitioners”), on behalf of
their minor child, E.S., filed a petition for compensation under the National Childhood Vaccine
Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended, alleging
that E.S. suffered Parsonage Turner Syndrome, or brachial neuritis, as the result of Diphtheria-
Tetanus-acellular Pertussis (“DTaP”), Hepatitis B, Hib, IPV, and pneumococcal conjugate
vaccinations administered on September 6, 2016. Petition at 1. On September 17, 2018,
respondent filed his Rule 4(c) report in which he conceded that entitlement to compensation for
brachial neuritis following DTaP vaccination was appropriate under the terms of the Vaccine
Act. Respondent’s Rule 4(c) Report at 1. ECF Doc. No. 19. Accordingly, on September 19,
2018, then Chief Special Master Dorsey issued a Ruling on Entitlement, finding that E.S. is
entitled to vaccine compensation. ECF Doc. No. 20.
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Case 1:18-vv-00269-UNJ Document 93 Filed 03/14/22 Page 4 of 8
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner M. Virginia Walton, M.S.N., RN, FNP, CLCP, and
petitioner engaged Michael Shahnasarian, Ph.D., CLCP, to provide an estimation of E.S.’s
future vaccine-injury related needs. For the purposes of this proffer, the term “vaccine related”
is as described in the respondent’s Rule 4(c) report. All items of compensation identified in the
life care plan are supported by the evidence and are illustrated by the chart entitled Appendix A:
Items of Compensation for E.S., attached hereto as Tab A.1 Petitioners agree.
B. Pain and Suffering
Respondent proffers that E.S. should be awarded $150,000.00 in actual pain and suffering
and $100,000.00 in projected pain and suffering with the latter discounted to a net present value
of $53,231.43, for a total award of $203,231.43. See 42 U.S.C. § 300aa-15(a)(4). Petitioners
agree.
C. Past Unreimbursable Expenses
Evidence supplied by petitioners documents their expenditure of past unreimbursable
expenses related to E.S.’s vaccine-related injury. Respondent proffers that petitioners should be
awarded past unreimbursable expenses in the amount of $11,460.79. Petitioners agree.
1 The chart at Tab A illustrates the annual benefits provided by the life care plan. The annual
benefit years run from the date of judgment up to the first anniversary of the date of judgment,
and every year thereafter up to the anniversary of the date of judgment.
-2-

Case 1:18-vv-00269-UNJ Document 93 Filed 03/14/22 Page 5 of 8
II. Form of the Award
The parties recommend that the compensation provided to E.S. should be made through a
combination of lump sum payments and future annuity payments as described below, and request
that the Special Master’s decision and the Court’s judgment award the following:2
A. A lump sum payment of $217,846.98, representing compensation for life care
expenses in the first year after judgment ($14,615.55) and pain and suffering ($203,231.43), in
the form of a check payable to petitioners as guardian(s)/ conservator(s) of the estate of E.S., for
the benefit of E.S. No payments shall be made until petitioners provide respondent with
documentation establishing that they have been appointed as the guardian(s)/conservator(s) of
E.S.’s estate. If petitioners are not authorized by a court of competent jurisdiction to serve as
guardian(s)/conservator(s) of the estate of E.S., any such payment shall be made to the party or
parties appointed by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of
the estate of E.S. upon submission of written documentation of such appointment to the
Secretary.
B. A lump sum payment of $11,460.79, representing compensation for past
unreimbursable expenses, in the form of a check payable to petitioners, William B. Strickland
and Christina Strickland.
C. An amount sufficient to purchase the annuity contract,3 subject to the conditions
described below, that will provide payments for the life care items contained in the life care plan,
2 Should E.S. 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 medical
expenses, lost future earnings, and future pain and suffering.
-3-

Case 1:18-vv-00269-UNJ Document 93 Filed 03/14/22 Page 6 of 8
as illustrated by the chart at Tab A attached hereto, paid to the life insurance company4 from
which the annuity will be purchased.5 Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent years shall be provided through
respondent’s purchase of an annuity, which annuity shall make payments directly to petitioners
only so long as E.S. is alive at the time a particular payment is due. At the Secretary’s sole
discretion, the periodic payments may be provided to petitioners in monthly, quarterly, annual or
other installments. The “annual amounts” set forth in the chart at Tab A describe only the total
yearly sum to be paid to petitioners and do not require that the payment be made in one annual
installment.
3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or
more life insurance companies.
4 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have
one of the following ratings from two of the following rating organizations:
a. A. M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
5 Petitioners authorize the disclosure of certain documents filed by the petitioners in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-15-0056.
-4-

Case 1:18-vv-00269-UNJ Document 93 Filed 03/14/22 Page 7 of 8
1. Growth Rate
Respondent proffers that a four percent (4%) growth rate should be applied to all non-
medical life care items, and a five percent (5%) growth rate should be applied to all medical life
care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity
payments should grow as follows: four percent (4%) compounded annually from the date of
judgment for non-medical items, and five percent (5%) compounded annually from the date of
judgment for medical items. Petitioners agree.
2. Life-Contingent Annuity
The petitioners will continue to receive the annuity payments from the Life Insurance
Company only so long as E.S. is alive at the time that a particular payment is due. Written notice
shall be provided to the Secretary of Health and Human Services and the Life Insurance
Company within twenty (20) days of E.S.’s death.
3. Guardianship
No payments shall be made until petitioners provide respondent with documentation
establishing that they have been appointed as the guardian(s)/conservator(s) of E.S.’s estate. If
petitioners are not authorized by a court of competent jurisdiction to serve as
guardian(s)/conservator(s) of the estate of E.S., any such payment shall be made to the party or
parties appointed by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of
the estate of E.S. upon submission of written documentation of such appointment to the
Secretary.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to the court-appointed guardian(s)/
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Case 1:18-vv-00269-UNJ Document 93 Filed 03/14/22 Page 8 of 8
conservator(s) of the estate of L.A. for the benefit of E.S.: $217,846.98
B. Past unreimbursable expenses payable to petitioners: $ 11,460.79
C. An amount sufficient to purchase the annuity contract described
above in section II. C.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 305-0660
mallori.b.openchowski@usdoj.gov
Dated: February 18, 2022
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