VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01612
Package ID: USCOURTS-cofc-1_19-vv-01612
Petitioner: Nathaniel Ian Brook
Filed: 2019-10-16
Decided: 2021-09-29
Vaccine: tetanus-diphtheria (Td)
Vaccination date: 2018-03-19
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 37500

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01612-0
Date issued/filed: 2021-08-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/02/2021) regarding 36 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01612-UNJ Document 38 Filed 08/02/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1612V
UNPUBLISHED
NATHANIEL IAN BROOK, Chief Special Master Corcoran
Petitioner, Filed: July 2, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria (Td)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 16, 2019, Nathaniel Ian Brook 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 a shoulder injury related to vaccine
administration (“SIRVA”) caused by a tetanus-diphtheria (“Td”) vaccination. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 2, 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 concluded that Petitioners’ medical course is consistent with
a SIRVA as defined by the Vaccine Injury Table. Id. at 5. Respondent further agrees that
Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id.
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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:19-vv-01612-UNJ Document 38 Filed 08/02/21 Page 2 of 2
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

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01612-1
Date issued/filed: 2021-09-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/25/2021) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01612-UNJ Document 46 Filed 09/29/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1612V
UNPUBLISHED
NATHANIEL IAN BROOK, Chief Special Master Corcoran
Petitioner, Filed: August 25, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria (Td) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 16, 2019, Nathaniel Brook 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 a shoulder injury related to vaccine
administration (SIRVA) caused by a tetanus-diphtheria (Td) vaccination. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 2, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a right SIRVA. On August 24, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $37,500.00. Proffer
at 2. 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 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-01612-UNJ Document 46 Filed 09/29/21 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $37,500.00, in the form of a check payable to Petitioner,
representing compensation for pain and suffering.
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.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-01612-UNJ Document 46 Filed 09/29/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
NATHANIEL IAN BROOK, )
)
Petitioner, ) No. 19-1612V (ECF)
) Chief Special Master Corcoran
v. ) SPU
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 16, 2019, Nathaniel Ian Brook (“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 a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), resulting from adverse effects of a tetanus-diphtheria (“Td”) vaccine
he received on March 19, 2018. See Petition at 1. On July 2, 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 July 2, 2021, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. See ECF No. 35;
ECF No. 36.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $37,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-01612-UNJ Document 46 Filed 09/29/21 Page 4 of 5
This amount represents 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 $37,500.00, representing
compensation for pain and suffering, in the form of a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Nathaniel Ian Brook: $37,500.00
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant 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-01612-UNJ Document 46 Filed 09/29/21 Page 5 of 5
/s/ Andrew J. Henning
ANDREW J. HENNING
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4405
Email: andrew.j.henning@usdoj.gov
DATED: August 24, 2021
3