VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00124
Package ID: USCOURTS-cofc-1_21-vv-00124
Petitioner: Scott Speller
Filed: 2021-01-06
Decided: 2023-01-23
Vaccine: Tdap
Vaccination date: 2019-08-19
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 60357

AI-assisted case summary:
Scott Speller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered brachial neuritis (BN) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on August 19, 2019. The respondent conceded that Mr. Speller's claim met the criteria set forth in the Vaccine Injury Table for BN following a Tdap vaccine. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and Mr. Speller satisfied the six-month sequela requirement. Based on the respondent's concession and the evidence of record, the court found Mr. Speller entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation. The respondent recommended, and Mr. Speller agreed, that he should be awarded $60,000.00 for pain and suffering and $357.80 for past unreimbursable expenses, totaling $60,357.80. The court awarded Mr. Speller a lump sum payment of $60,357.80.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00124-0
Date issued/filed: 2023-01-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/06/2022) regarding 35 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00124-UNJ Document 36 Filed 01/06/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0124V
UNPUBLISHED
SCOTT SPELLER, Chief Special Master Corcoran
Petitioner,
v. Filed: December 6, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Tetanus-Diphtheria-
Respondent. Acellular Pertussis (Tdap); Brachial
Neuritis (BN).
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 6, 2021, Scott Speller 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 brachial neuritis (“BN”) as a result of an
tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine administered to him on August 19,
2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On December 5, 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 Petitioner’s claim meets the criteria set forth in the
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for
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 1:21-vv-00124-UNJ Document 36 Filed 01/06/23 Page 2 of 2
BN following a Tdap vaccine. Id. at 5 (citing 42 C.F.R. §§ 100.3(a)(I)(B), (c)(6).
Respondent further agrees that the case was timely filed, that the vaccine was received
in the United States, and that Petitioner satisfied the statutory six-month sequela
requirement by suffering the residual effects or complications of her injury for more than
six months. Id. (citing Vaccine Act Section 11(c)(D)(I)).
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_21-vv-00124-1
Date issued/filed: 2023-02-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/23/2023) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00124-UNJ Document 43 Filed 02/28/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0124V
UNPUBLISHED
SCOTT SPELLER, Chief Special Master Corcoran
Petitioner, Filed: January 23, 2023
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
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 6, 2021, Scott Speller 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 brachial neuritis as a result of an
tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine administered to him on August 19,
2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On December 6, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for his brachial neuritis. On January 23, 2023, Respondent filed
a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$60,357.80, representing compensation in the amounts of $60,000.00 for his pain and
suffering and $357.80 for his past unreimbursable expenses. Proffer at 1-2. 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 1:21-vv-00124-UNJ Document 43 Filed 02/28/23 Page 2 of 5
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $60,357.80, representing compensation in the amounts of
$60,000.00 for his pain and suffering and $357.80 for his actual unreimbursable
expenses 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 1:21-vv-00124-UNJ Document 43 Filed 02/28/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SCOTT SPELLER, )
)
Petitioner, )
) No. 21-124V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 6, 2021, Scott Speller (“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 brachial neuritis (“BN”), as defined in the Vaccine Injury
Table, following administration of a Tetanus-diphtheria-acellular-pertussis (“Tdap”) vaccine he
received on August 19, 2019. Petition at 1. On December 5, 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 BN Table injury, and on December 6, 2022,
the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 35.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00124-UNJ Document 43 Filed 02/28/23 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 $357.80. 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 Chief Special Master’s decision and
the Court’s judgment award the following:1 a lump sum payment of $60,357.80 in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Scott Speller: $60,357.80
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 1:21-vv-00124-UNJ Document 43 Filed 02/28/23 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Mitchell Jones
MITCHEL JONES
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) 305-1748
mitchell.jones@usdoj.gov
DATED: January 23, 2023
3