VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00948 Package ID: USCOURTS-cofc-1_19-vv-00948 Petitioner: Gavin Beagley Filed: 2019-06-28 Decided: 2022-11-15 Vaccine: Tdap Vaccination date: 2017-07-01 Condition: brachial neuritis Outcome: compensated Award amount USD: 136584 AI-assisted case summary: Gavin Beagley filed a petition on June 28, 2019, alleging he suffered brachial neuritis as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on July 1, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 8, 2021, conceding that Mr. Beagley's claim met the Table criteria for brachial neuritis. The respondent further agreed that Mr. Beagley's brachial neuritis and its sequelae, including pain, hand numbness, and weakness, persisted for greater than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 10, 2021, finding Mr. Beagley entitled to compensation. Subsequently, on October 3, 2022, the respondent filed a Proffer on Award of Compensation. The proffer indicated that Mr. Beagley should be awarded $130,000.00 for pain and suffering and $6,584.75 for past unreimbursable expenses, totaling $136,584.75. The proffer stated that Mr. Beagley agreed with this award. On November 15, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Mr. Beagley a lump sum payment of $136,584.75, representing compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner's counsel was David Charles Richards of Christensen & Jensen, P.C. Respondent's counsel included Wei Kit Tai and Bridget Corridon from the U.S. Department of Justice. Theory of causation field: Petitioner Gavin Beagley alleged brachial neuritis following a Tdap vaccination on July 1, 2017. The respondent conceded that the claim met the Table criteria for brachial neuritis and that the injury, including pain, hand numbness, and weakness, persisted for over six months. The Special Master found entitlement based on this concession. A subsequent proffer agreed upon by both parties detailed an award for pain and suffering ($130,000.00) and past unreimbursable expenses ($6,584.75), totaling $136,584.75. Chief Special Master Brian H. Corcoran issued the decision awarding this lump sum on November 15, 2022. Petitioner was represented by David Charles Richards, and respondent was represented by Bridget Corridon. The theory of causation relied on the Vaccine Injury Table. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00948-0 Date issued/filed: 2021-12-13 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/10/2021) regarding 43 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00948-UNJ Document 46 Filed 12/13/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0948V UNPUBLISHED GAVIN BEAGLEY, Chief Special Master Corcoran Petitioner, Filed: November 10, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Respondent. Brachial Neuritis David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner. Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 28, 2019, Gavin Beagley 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 brachial neuritis as a result of a tetanus- diphtheria-acellular pertussis (“Tdap”) vaccine that was administered to him on July 1, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 8, 2021, 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. Specifically, Respondent “[has] reviewed the facts of this case and concluded that [P]etitioner’s claim meets the Table criteria for brachial neuritis.” Id. at 8. Respondent 1 Because this unpublished Ruling 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). This means the Ruling 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. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-00948-UNJ Document 46 Filed 12/13/21 Page 2 of 2 further agrees that “[Petitioner’s] brachial neuritis and its sequela, including pain, hand numbness and weakness, persisted for greater than six months.” Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-00948-1 Date issued/filed: 2022-11-15 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 10/11/2022) regarding 62 DECISION Stipulation/Proffer (Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00948-UNJ Document 66 Filed 11/15/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-948V UNPUBLISHED GAVIN BEAGLEY, Chief Special Master Corcoran Petitioner, Filed: October 11, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Brachial Respondent. Neuritis David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 28, 2019, Gavin Beagley 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 brachial neuritis as a result of his July 1, 2017 tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 10, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for brachial neuritis. On October 3, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $130,000.00 in pain and suffering and past unreimbursable expenses in the amount of $6,584.75. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees 1 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). 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. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-00948-UNJ Document 66 Filed 11/15/22 Page 2 of 5 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $136,584.75 (representing $130,000.00 in pain and suffering and past unreimbursable expenses of $6,584.75) in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran 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 1:19-vv-00948-UNJ Document 66 Filed 11/15/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) GAVIN BEAGLEY, ) ) Petitioner, ) ) No. 19-948V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On June 28, 2019, Gavin Beagley (“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” or “Act”), alleging that he suffered brachial neuritis of the ride side following administration of a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine he received on July 1, 2017. Petition at 1. On November 8, 2021, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act, and on November 10, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 42; ECF No. 43. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $130,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:19-vv-00948-UNJ Document 66 Filed 11/15/22 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $6,584.75. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). 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 as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $136,584.75, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Gavin Beagley: $136,584.75 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division 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 lost earnings and future pain and suffering. 2 Case 1:19-vv-00948-UNJ Document 66 Filed 11/15/22 Page 5 of 5 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division /s/ Bridget A. Corridon BRIDGET A. CORRIDON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-4117 Fax: (202) 616-4310 Email: bridget.corridon@usdoj.gov Date: October 3, 2022 3