VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01832
Package ID: USCOURTS-cofc-1_19-vv-01832
Petitioner: Raymond P. Brady
Filed: 2019-12-03
Decided: 2022-12-01
Vaccine: Tdap
Vaccination date: 2016-12-07
Condition: left shoulder injury related to vaccine administration (SIRVA) and adhesive capsulitis
Outcome: compensated
Award amount USD: 91133

AI-assisted case summary:
Raymond P. Brady filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) and adhesive capsulitis as a result of his Tetanus diphtheria acellular pertussis (Tdap) vaccination on December 7, 2016. The respondent conceded that Mr. Brady is entitled to compensation, stating that his medical course was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that Mr. Brady had no prior shoulder issues, experienced pain within 48 hours of vaccination, and the pain and reduced range of motion were limited to the affected shoulder, with no other identified condition explaining the symptoms. The injury also resulted in residual effects lasting more than six months. Based on the concession and the evidence, the court found Mr. Brady entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $70,000.00 for pain and suffering and $21,133.03 for past unreimbursable expenses, totaling $91,133.03. Mr. Brady agreed with this proffered award. The court awarded this lump sum amount to Mr. Brady, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01832-0
Date issued/filed: 2022-02-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/26/2022) regarding 45 Ruling on Entitlement. Signed by Special Master Daniel T. Horner. (mly) Service on parties made.
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Case 1:19-vv-01832-UNJ Document 48 Filed 02/22/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1832V
Filed: January 26, 2022
UNPUBLISHED
RAYMOND P. BRADY, Special Master Daniel Horner
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Tetanus diphtheria
acellular pertussis (Tdap) vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Michael J Burns, Bowen & Burns, Southampton, PA, for petitioner.
Adriana R. Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 3, 2019, Raymond Brady (“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 a left
shoulder injury related to vaccine administration (“SIRVA”) as a result of his December
7, 2016 Tetanus diphtheria acellular pertussis (“Tdap”) vaccination. Petition at 1.
On January 25, 2022, 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 states that:
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-01832-UNJ Document 48 Filed 02/22/22 Page 2 of 2
DICP has concluded that petitioner’s medical course is consistent with
SIRVA as defined by the Vaccine Injury Table and corresponding
Qualifications and Aids to Interpretation. Specifically, petitioner had no pre-
vaccination history of pain, inflammation, or dysfunction of his left shoulder;
pain occurred within 48 hours after recipe of an intramuscular vaccination;
pain and reduced range of motion were limited to the shoulder in which the
vaccine was administered; and, no other condition or abnormality, such as
brachial neuritis, has been identified to explain petitioner’s shoulder pain.
42 C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the medical records
outlined above, petitioner suffered the residual effects of his condition for
more than six months. Therefore, based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation under the
Act. See 42 U.S.C § 300aa-13(a)(1)(B): 42 U.S.C. § 300aa-11(c)(1)(D)(i).
Id. at 7.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01832-1
Date issued/filed: 2022-12-01
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/03/2022) regarding 61 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (mly). Service on parties made.
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Case 1:19-vv-01832-UNJ Document 65 Filed 12/01/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1832V
Filed: November 3, 2022
UNPUBLISHED
RAYMOND P. BRADY, Special Master Horner
Petitioner,
v. Damages Decision Based on Proffer;
Diphtheria, Tetanus, acellular
SECRETARY OF HEALTH AND Pertussis (DTaP) Vaccine; Shoulder
HUMAN SERVICES, Injury Related to Vaccine
Administration (SIRVA); Adhesive
Respondent. Capsulitis
Michael J. Burns, Bowen & Burns, Southampton, PA, for petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On December 3, 2019, Raymond Brady 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 adhesive capsulitis and a shoulder
injury related to vaccine administration (“SIRVA”) as a result of his diphtheria, tetanus,
acellular, pertussis vaccination on December 7, 2016. (ECF No. 1.)
On January 26, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his left SIRVA. (ECF No. 45.) On November 3, 2022, Respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
awarded $70,000.00 in pain and suffering and $21,133.03 for past unreimbursable
expenses for a total of $91,133.03. (ECF No. 60.) 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.

Case 1:19-vv-01832-UNJ Document 65 Filed 12/01/22 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum of $91,133.03, representing $70,000.00 in compensation for pain and suffering
and $21,133.03 for past unreimbursable expenses, in the form of a check payable
to Petitioner. 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 1:19-vv-01832-UNJ Document 65 Filed 12/01/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RAYMOND P. BRADY, )
)
Petitioner, )
) No. 19-1832V
v. ) Special Master Horner
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 3, 2019, Raymond P. Brady (“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 injuries including adhesive capsulitis and a
shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury
Table, following administration of a Diphtheria, Tetanus, and Pertussis (“DTaP”) vaccine he
received on December 7, 2016. Petition at 1, 4. On January 25, 2022, 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 for a SIRVA Table injury, and on
January 26, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 44; ECF No. 45.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $70,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-01832-UNJ Document 65 Filed 12/01/22 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 $21,133.03. 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 Special Master’s decision and the
Court’s judgment award the following1: a lump sum payment of $91,133.03, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Raymond P. Brady: $91,133.03
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-01832-UNJ Document 65 Filed 12/01/22 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Matthew L. Murphy
MATTHEW L. MURPHY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 598-3895
Matthew.murphy@usdoj.gov
DATED: November 3, 2022
3