VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01003
Package ID: USCOURTS-cofc-1_18-vv-01003
Petitioner: Ernest Knapp
Filed: 2019-04-29
Decided: 2019-11-27
Vaccine: Tdap
Vaccination date: 2016-12-26
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 62303

AI-assisted case summary:
Ernest Knapp filed a petition for compensation alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on December 26, 2016, caused him to suffer brachial neuritis. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Mr. Knapp suffered a Vaccine Table injury of brachial neuritis following the Tdap vaccine. Although Mr. Knapp reported shoulder pain within one day of vaccination, outside the Table's typical onset range for brachial neuritis (2-28 days), the Secretary noted that this pain was likely attributable to Mr. Knapp's pre-existing rotator cuff tears. The Secretary found no alternative causes for the brachial neuritis and confirmed that Mr. Knapp's condition lasted more than six months. Based on the respondent's concession and the evidence, the court found Mr. Knapp entitled to compensation. Subsequently, the parties reached a stipulation for damages. The court awarded Mr. Knapp a total of $62,302.91, which included a lump sum payment of $60,000 for pain and suffering and $2,302.91 to satisfy a Medicaid lien.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01003-0
Date issued/filed: 2019-06-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 4/29/2019) regarding 23 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (abs) Service on parties made.
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Case 1:18-vv-01003-UNJ Document 27 Filed 06/10/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ERNEST KNAPP, * No. 18-1003V
* Special Master Christian J. Moran
Petitioner, *
*
v. * Filed: April 29, 2019
*
SECRETARY OF HEALTH * Ruling on entitlement; tetanus-
AND HUMAN SERVICES, * diphtheria-acellular pertussis vaccine;
* brachial neuritis
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Bridget C. McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner;
Voris E. Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED RULING FINDING ENTITLEMENT1
On July 12, 2018, Ernest Knapp filed a petition for compensation alleging
that the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine he received on
December 26, 2016, caused him to suffer brachial neuritis. Mr. Knapp alleged that
he suffered the residual effects of these injuries for more than six months. Mr.
Knapp represented that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his condition. Petition at 4.
In the Rule 4 report filed on April 26, 2019, respondent stated that medical
personnel at the Division of Injury Compensation Programs (“DICP”), Department
of Health and Human Services, concluded that Mr. Knapp suffered a Vaccine
Table injury of brachial neuritis within the timeframe for the Tdap vaccine. 42
C.F.R. §100.3(a) (onset of brachial neuritis symptoms for Tdap vaccine is 2-28
days). The Secretary noted that while Mr. Knapp reported shoulder pain within
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services), requires that the Court post this ruling on its website.
Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of
medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any
redactions ordered by the special master will appear in the document posted on the website.

Case 1:18-vv-01003-UNJ Document 27 Filed 06/10/19 Page 2 of 2
one day of the vaccination, outside the Table range, the medical personnel at DICP
believe that this pain should be attributed to Mr. Knapp’s recurrent rotator cuff
tears. The Secretary further stated that DICP had not identified any alternative
causes for Mr. Knapp’s brachial neuritis and that his condition lasted more than six
months. The Secretary concluded that Mr. Knapp has satisfied all of the legal
prerequisites for compensation under the Vaccine Act.
Special masters may determine whether a petitioner is entitled to
compensation based upon the record without holding a hearing. 42 U.S.C. §
300aa-13; Vaccine Rule 8(d). Based upon a review of the record as a whole, the
undersigned finds that petitioner has established that he is entitled to
compensation.
A damages order will issue shortly.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01003-1
Date issued/filed: 2019-11-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/29/19) regarding 40 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (ac) Service on parties made.
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Case 1:18-vv-01003-UNJ Document 47 Filed 11/27/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1003V
Filed: October 29, 2019
UNPUBLISHED
ERNEST KNAPP,
Special Master Horner
Petitioner,
Damages Decision Based on Proffer;
v.
Tdap, Brachial Neuritis
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget McCullough, Esq., Miller Brazil, LLP, Dresher, PA for petitioner.
Voris Johnson, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 12, 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”). Petitioner alleges that he suffered from brachial neuritis. Petition at 1. The case
was assigned to Special Master Christian Moran. On April 29, 2019, a ruling on
entitlement was issued, finding petitioner entitled to compensation for his brachial
neuritis. On August 27, 2019, this case was assigned to me.
On October 29, 2019, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $60,000, plus satisfaction of a
Medicaid lien in the amount of $2,302.91. Proffer at 1. In the Proffer, respondent
represented that petitioner agrees with the proffered award. Id. Based on the record as
a whole, I find that petitioner is entitled to an award as stated in the Proffer.
1 I intend to post this decision on the United States Court of Federal Claims' website. This means the
decision will be available to anyone with access to the internet. 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. Because this unpublished
decision contains a reasoned explanation for the action in this case, I am required 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).
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-01003-UNJ Document 47 Filed 11/27/19 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award petitioner
$62,302.91 as follows:
• A lump sum payment of $60,000 in the form of a check payable to
petitioner; and
• A lump sum payment of $2,302.91 in the form of a check payable jointly to
petitioner and
Department of Health Care Services
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Re: DHCS Acct. No. C92244986A-VAC03.
Petitioner agrees to endorse this check over to the Department of Health
Care Services.
This amount represents compensation for all damages that would be available under
§15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/ Daniel T. Horner
Daniel T. Horner
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 1:18-vv-01003-UNJ Document 47 Filed 11/27/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
ERNEST KNAPP, )
)
Petitioner, )
) No. 18-1003V (ECF)
v. ) Special Master Horner
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S AMENDED PROFFER ON AWARD OF DAMAGES
On April 26, 2019, respondent, the Secretary of Health and Human Services, filed his
Rule 4(c) Report conceding entitlement to compensation in this matter on the basis that a
preponderance of the evidence establishes a Vaccine Table injury of brachial neuritis following a
Tdap vaccine. On April 29, 2019, the Court entered its Ruling on Entitlement, finding petitioner
Ernest Knapp entitled to Vaccine Act compensation. Respondent now proffers that petitioner
receive a compensation award consisting of a lump sum of $60,000.00 in the form of a check
payable to petitioner, Ernest Knapp,1 plus satisfaction of a Medicaid lien in the amount of
$2,302.91, in the form of a check made payable jointly to petitioner2 and:
Department of Health Care Services
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Re: DHCS Acct. No. C92244986A-VAC03
1 Petitioner is a competent adult. No guardianship is required.
2 Petitioner agrees to endorse this check over to the Department of Health Care Services.

Case 1:18-vv-01003-UNJ Document 47 Filed 11/27/19 Page 4 of 4
These amounts represent compensation for all elements of compensation under 42 U.S.C. §
300aa-15(a) to which petitioner is entitled.3
Petitioner agrees with the proffered award of $60,000.00, plus satisfaction of the
Medicaid lien in the amount of $2,302.91.4
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C.SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4136
Dated: October 29, 2019
3 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.
4 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
2