VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01957
Package ID: USCOURTS-cofc-1_20-vv-01957
Petitioner: Tanner Nadeau
Filed: 2020-12-23
Decided: 2022-12-07
Vaccine: Tetanus-Diphtheria (TD)
Vaccination date: 2018-09-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Tanner Nadeau filed a petition for compensation on December 23, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria (TD) vaccination on September 2, 2018. The petition stated that the vaccination was administered in the United States, symptoms lasted over six months, and no prior compensation or civil action had occurred. Respondent filed a Rule 4(c) report on September 6, 2022, conceding that Tanner Nadeau was entitled to compensation, finding that the injury met the criteria for a Table SIRVA following a TD vaccination. The respondent confirmed that Tanner had no prior shoulder issues, pain occurred within 48 hours of vaccination, symptoms were limited to the vaccinated shoulder, and no other condition explained the symptoms. A ruling on entitlement was issued on September 21, 2022, finding Tanner entitled to compensation. On October 20, 2022, Respondent filed a proffer agreeing to an award of $55,000.00, which Petitioner accepted. The decision awarding damages was issued on December 7, 2022, granting Tanner Nadeau a lump sum payment of $55,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01957-0
Date issued/filed: 2022-11-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/21/2022) regarding 22 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01957-UNJ Document 29 Filed 11/03/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1957V
UNPUBLISHED
TANNER NADEAU, Chief Special Master Corcoran
Petitioner, Filed: September 21, 2022
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)
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 23, 2020, Tanner Nadeau 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) after receiving the tetanus-diphtheria (TD) vaccination on
September 2, 2018. Petition at 1. Petitioner further alleges that the vaccination was
administered within the United States, he experienced symptoms in excess of six months
from the date of vaccination, and he has not received any compensation in the form of an
award or settlement for his vaccine-related injuries nor had he filed a civil action prior to
filing his petition. Petition at 1, 8. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01957-UNJ Document 29 Filed 11/03/22 Page 2 of 2
On September 6, 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. Respondent found that Petitioner “satisfied the criteria set forth in the Vaccine Injury
Table (‘Table’) and the Qualifications and Aids to Interpretation for a Table SIRVA
following a Td vaccination.” Id. at 4. Specifically, Respondent determined that “[P]etitioner
had no history of pain or dysfunction in his left shoulder prior to receiving the Td vaccine;
pain occurred within 48 hours after receipt of an intramuscular vaccination; the pain and
reduced range of motion were limited to the shoulder in which the vaccine was
administered; and no other condition or abnormality would explain petitioner’s symptoms.
In addition, given the medical records outlined above, the statutory six-month sequelae
requirement has been satisfied.” Id. Respondent further agrees that that the scope of
damages to be awarded is limited to Petitioner’s left shoulder injury and its related
sequelae only. 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

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01957-1
Date issued/filed: 2022-12-07
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/20/2022) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01957-UNJ Document 30 Filed 12/07/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1957V
UNPUBLISHED
TANNER NADEAU, Chief Special Master Corcoran
Petitioner, Filed: October 20, 2022
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)
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 23, 2020, Tanner Nadeau 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) after receiving the tetanus-diphtheria (TD) vaccination on
September 2, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On September 21, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On October 20, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded a lump sum of
$55,000.00. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees
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-01957-UNJ Document 30 Filed 12/07/22 Page 2 of 5
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $55,000.00 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 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-01957-UNJ Document 30 Filed 12/07/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
TANNER NADEAU,
Petitioner,
v. No. 20-1957V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On December 23, 2020, Tanner Nadeau (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
-34, as amended. He alleges that he sustained a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, within the Table time
period following administration of a Tetanus Diphtheria vaccine he received on September 2,
2018. See Petition. On September 6, 2022, respondent filed his Vaccine Rule 4(c) report,
indicating that this case is appropriate for compensation under the terms of the Act for a
SIRVA Table injury. ECF No. 20. On September 21, 2022, the Chief Special Master issued a
ruling on entitlement, finding that petitioner was entitled to compensation for a SIRVA Table
injury. ECF No. 22.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address
after the Damages Decision is issued.

Case 1:20-vv-01957-UNJ Document 30 Filed 12/07/22 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be
awarded a lump sum of $55,000.00. This amount represents all elements of compensation to
which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. 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 following2: a lump sum payment of $55,000.00, in the
form of a check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Tanner Nadeau: $55,000.00
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
2 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 pain
and suffering.

Case 1:20-vv-01957-UNJ Document 30 Filed 12/07/22 Page 5 of 5
s/ Tyler C. King
TYLER C. KING
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) 305-0730
Tyler.King@usdoj.gov
Dated: October 20, 2022