VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00590
Package ID: USCOURTS-cofc-1_20-vv-00590
Petitioner: David Vaughn
Filed: 2021-08-16
Decided: 2022-01-06
Vaccine: Tdap
Vaccination date: 2017-06-21
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 128724

AI-assisted case summary:
David Vaughn filed a petition for compensation under the National Vaccine Injury Compensation Program on August 16, 2021, alleging he suffered brachial neuritis after receiving a Tdap vaccination in his left arm on June 21, 2017. The respondent conceded that Mr. Vaughn was entitled to compensation, agreeing that he met the criteria for brachial neuritis following a tetanus toxoid-containing vaccine. Specifically, the respondent noted that Mr. Vaughn experienced upper left arm symptoms within the required timeframe, developed weakness, had EMG/NCS results consistent with brachial neuritis, and had no other condition to explain his symptoms. The respondent also agreed that Mr. Vaughn suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Mr. Vaughn eligible for compensation. Subsequently, on December 7, 2021, the parties filed a proffer on award of compensation. The respondent proposed an award of $128,724.58, which included $75,000.00 for pain and suffering, $1,362.43 for unreimbursed medical expenses, and $52,362.15 for lost wages. Mr. Vaughn agreed with this proposed award. The court accepted the proffer and awarded Mr. Vaughn the lump sum of $128,724.58.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00590-0
Date issued/filed: 2021-09-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/16/2021) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00590-UNJ Document 30 Filed 09/16/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0590V
UNPUBLISHED
DAVID VAUGHN, Chief Special Master Corcoran
Petitioner, Filed: August 16, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Uncontested;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
Respondent. Brachial Neuritis
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 12, 2020, David Vaughn 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 experienced brachial neuritis after receiving a
Tdap vaccination in his left arm on June 21, 2017. Petition at ¶¶ 3, 8. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On August 16, 2021, Respondent filed his Rule 4(c) report in which he states that
he does not contest that Petitioner is entitled to compensation in this case. Respondent’s
Rule 4(c) Report at 1. Specifically, it is Respondent’s position that Petitioner has satisfied
the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to
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 1:20-vv-00590-UNJ Document 30 Filed 09/16/21 Page 2 of 2
Interpretation for brachial neuritis following a vaccine containing a tetanus toxoid. Id. at 5.
Petitioner had: (1) upper left arm symptom present within two to 28 days; (2) upper left
arm weakness; (3) EMG/NCS results, along with motor, sensory, and reflex findings,
consistent with brachial neuritis; and (4) no other condition or abnormality that would
explain his symptoms. Id. at 5-6. Respondent further agrees that Petitioner suffered the
residual effects or complications of his injury for more than six months after vaccine
administration. Id. at 6.
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_20-vv-00590-1
Date issued/filed: 2022-01-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/07/2021) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00590-UNJ Document 40 Filed 01/06/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0590V
UNPUBLISHED
DAVID VAUGHN, Chief Special Master Corcoran
Petitioner, Filed: December 7, 2021
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
Isaiah Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Mark Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 12, 2020, David Vaughn 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 experienced brachial neuritis after receiving a
Tdap vaccination in his left arm on June 21, 2017. Petition at ¶¶ 3, 8. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On August 16, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for brachial neuritis. ECF 27. On December 7, 2021, Respondent filed
a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$128,724.58. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00590-UNJ Document 40 Filed 01/06/22 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $128,724.58 in the form of a check payable to Petitioner. The award
is comprised of the following: (1) $75,000.00 for pain and suffering; (2) $1,362.43 for
unreimbursed, out-of-pocket medical expenses; and (3) $52,362.15 for lost wages. Id. at
1.
These amounts represent 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 1:20-vv-00590-UNJ Document 40 Filed 01/06/22 Page 3 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
DAVID VAUGHN,
Petitioner,
Case No. 20-590V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On August 16, 2021, respondent filed a Vaccine Rule 4(c) report concluding that
David Vaughan (“petitioner”) suffered an injury that is compensable under the National
Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34 (“the
Act”). Accordingly, on August 16, 2021, the Chief Special Master issued a Ruling on
Entitlement, finding that petitioner was entitled to compensation under the Act.
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers that petitioner should be
awarded a lump sum of $128,724.58. The award is comprised of the following:
$75,000.00 for pain and suffering; $1,362.43 for unreimbursed, out-of-pocket medical
expenses; and $52,362.15 for lost wages. This amount represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)

Case 1:20-vv-00590-UNJ Document 40 Filed 01/06/22 Page 4 of 5
regarding his June 21, 2017, tetanus, diphtheria, and acellular pertussis vaccination.
Petitioner agrees.1
III. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $128,724.58, in the form of a check payable to
petitioner. Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
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 medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:20-vv-00590-UNJ Document 40 Filed 01/06/22 Page 5 of 5
s/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: December 7, 2021
3