VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01041 Package ID: USCOURTS-cofc-1_19-vv-01041 Petitioner: Renee Brockman Filed: 2019-07-18 Decided: 2021-08-12 Vaccine: Tdap Vaccination date: 2017-12-11 Condition: brachial neuritis Outcome: compensated Award amount USD: 78188 AI-assisted case summary: Renee Brockman filed a petition for compensation under the National Vaccine Injury Compensation Program on July 18, 2019, alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on December 11, 2017, caused her to suffer brachial neuritis. The respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer on August 11, 2021, conceding that Ms. Brockman was entitled to compensation for a Table claim of brachial neuritis. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on August 12, 2021, finding Ms. Brockman entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on September 14, 2021, Chief Special Master Corcoran issued a decision awarding damages, granting Ms. Brockman a lump sum payment of $78,188.13. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Traci R. Patton of the U.S. Department of Justice. Theory of causation field: Petitioner Renee Brockman received a Tdap vaccine on December 11, 2017. She alleged that this vaccine caused brachial neuritis, which is listed in the Vaccine Injury Table. The respondent conceded that Petitioner met the criteria for a Table claim of brachial neuritis. The public text does not name specific medical experts or describe the mechanism of injury. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on August 12, 2021, and a decision awarding damages on September 14, 2021. Petitioner was awarded a lump sum of $78,188.13. Petitioner was represented by Leah VaSahnja Durant and Respondent by Traci R. Patton. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01041-0 Date issued/filed: 2021-09-13 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/12/2021) regarding 36 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01041-UNJ Document 41 Filed 09/13/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1041V UNPUBLISHED RENEE BROCKMAN, Chief Special Master Corcoran Petitioner, v. Filed: August 12, 2021 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Entitlement; Tetanus-Diphtheria- Acellular Pertussis (Tdap); Brachial Respondent. Neuritis. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent. RULIING ON ENTITLEMENT1 On July 18, 2019, Renee Brockman 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 as a result of the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she received on December 11, 2017, she suffered brachial neuritis within the timeframe set forth in the Vaccine Injury Table. Petition at Preamble. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for his injury. Petition at 1, ¶¶ 2, 11-12. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01041-UNJ Document 41 Filed 09/13/21 Page 2 of 2 On August 11, 2021, Respondent filed a combined Rule 4(c) Report and Proffer (“Rule 4(c) Report and Proffer”) in which he concedes that Petitioner is entitled to compensation in this case. Rule 4(c) Report and Proffer at 3-4. Specifically, Respondent has “concluded that [P]etitioner has met the criteria for a Table claim” of brachial neuritis. 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-01041-1 Date issued/filed: 2021-09-14 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/12/2021) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01041-UNJ Document 42 Filed 09/14/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1041V UNPUBLISHED RENEE BROCKMAN, Chief Special Master Corcoran Petitioner, v. Filed: August 12, 2021 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Entitlement; Damages Decision Based on Proffer; Tetanus- Respondent. Diphtheria-Acellular Pertussis (Tdap); Brachial Neuritis. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 18, 2019, Renee Brockman 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 as a result of the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she received on December 11, 2017, she suffered brachial neuritis within the timeframe set forth in the Vaccine Injury Table. Petition at Preamble. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 11, 2021, Respondent filed a combined Rule 4(c) Report and Proffer (“Rule 4(c) Report and Proffer”) conceding entitlement and indicating Petitioner should be awarded a lump sum of $78,188.13. Rule 4(c) Report and Proffer at 4. On August 12, 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01041-UNJ Document 42 Filed 09/14/21 Page 2 of 2 2021, I issued a ruling on entitlement, finding Petitioner entitled to compensation for her SIRVA. Respondent represented that Petitioner agrees with the proffered award. Rule 4(c) Report and Proffer at 4. 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 combined Rule 4(c) Report and Proffer,3 I award Petitioner a lump sum payment of $78,188.13 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 the court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal medical history, which is not generally included in a Proffer, when separately filed, I will not attach the Proffer to the decision in this case. 4 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