Nathaniel Ian Brook v. HHS - tetanus-diphtheria (Td), Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
On October 16, 2019, Nathaniel Ian Brook filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by a tetanus-diphtheria (Td) vaccination received on March 19, 2018. The respondent filed a Rule 4(c) report conceding that the petitioner's medical course was consistent with a SIRVA, which is a Table injury, and that all legal prerequisites for compensation under the Vaccine Act were met.
On July 2, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Nathaniel Ian Brook entitled to compensation.
Subsequently, on August 24, 2021, the respondent filed a proffer recommending an award of $37,500.00 for pain and suffering, which the petitioner agreed to. On September 29, 2021, Chief Special Master Corcoran issued a decision awarding Nathaniel Ian Brook a lump sum payment of $37,500.00, in the form of a check payable to him, representing compensation for pain and suffering.
The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Petitioner was represented by Paul R.
Brazil of Muller Brazil, LLP, and the respondent was represented by Andrew Henning of the U.S. Department of Justice.
Theory of causation
Petitioner Nathaniel Ian Brook alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from a tetanus-diphtheria (Td) vaccination on March 19, 2018. The respondent conceded that the petitioner's medical course was consistent with a SIRVA, a Table injury, and that all legal prerequisites for compensation were met. The case was ruled on entitlement on July 2, 2021, by Chief Special Master Brian H. Corcoran. A subsequent decision on September 29, 2021, awarded petitioner $37,500.00 for pain and suffering based on a proffer agreed to by both parties. Petitioner was represented by Paul R. Brazil, and respondent was represented by Andrew Henning. The public text does not detail the specific mechanism of injury or name any medical experts.
Source PDFs
USCOURTS-cofc-1_19-vv-01612