VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01349
Package ID: USCOURTS-cofc-1_21-vv-01349
Petitioner: John Allain
Filed: 2021-05-13
Decided: 2023-01-24
Vaccine: Tdap
Vaccination date: 2019-08-13
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
John Allain filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered brachial neuritis as a result of his August 13, 2019 tetanus diphtheria acellular pertussis (Tdap) vaccination. The respondent conceded that Mr. Allain is entitled to compensation, agreeing that his injury met the criteria for brachial neuritis from the Tdap vaccine as listed on the Vaccine Injury Table. Specifically, the respondent noted that the pain in Mr. Allain's right arm and shoulder occurred within the Table's timeframe, EMG/NCS studies localized the injury to the brachial plexus, and no other condition explained his symptoms. The Chief Special Master issued a ruling on entitlement on June 28, 2022, finding Mr. Allain entitled to compensation. Subsequently, on December 20, 2022, the respondent filed a proffer on award of compensation, recommending an award of $125,000.00 for pain and suffering, which Mr. Allain agreed to. The Chief Special Master issued a decision awarding this lump sum payment on January 24, 2023.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01349-0
Date issued/filed: 2022-07-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/28/2022) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01349-UNJ Document 21 Filed 07/28/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1349V
UNPUBLISHED
JOHN ALLAIN, Chief Special Master Corcoran
Petitioner, Filed: June 28, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
Respondent. Brachial Neuritis
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 13, 2021, John Allain 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 his August 13,
2019 tetanus diphtheria acellular pertussis (“Tdap”) vaccination. See Petition at ¶ 1.
Petitioner further alleges that he suffered the residual effects of his injury for more than
six months, and that there has been no prior award or settlement of a civil action on his
behalf as a result of his injury. Petition at ¶¶ 7, 9-10. 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 1:21-vv-01349-UNJ Document 21 Filed 07/28/22 Page 2 of 2
On June 23, 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 indicates that it is his
position that petitioner has satisfied the criteria set forth in the Vaccine Injury
Table and Qualifications and Aids to Interpretation for brachial neuritis from
his Tdap vaccine. Specifically, the pain in petitioner’s right arm and shoulder
was a presenting symptom and occurred between two and 28 days after
vaccination; EMG/NCS studies showed that petitioner’s injury was localized
to the brachial plexus; motor, sensory, and reflex findings on physical
examination and EMG/NCS studies were consistent in confirming that
petitioner’s dysfunction was attributable to the brachial plexus; and no other
condition or abnormality was present that would explain petitioner’s
symptoms. 42 C.F.R. §§ 100.3(a), (c)(6).
Id. at 6. Respondent further agrees that the statutory severity requirement and “all legal
prerequisites for compensation under the Act” have been satisfied.” 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_21-vv-01349-1
Date issued/filed: 2023-01-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/21/2022) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01349-UNJ Document 30 Filed 01/24/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1349V
UNPUBLISHED
JOHN ALLAIN, Chief Special Master Corcoran
Petitioner, Filed: December 21, 2022
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
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 13, 2021, John Allain 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 his August 13,
2019 tetanus diphtheria acellular pertussis (“Tdap”) vaccination. See Petition at ¶ 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 28, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for his brachial neuritis. On December 20, 2022, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$125,000.00, representing compensation for his pain and suffering. Proffer at 1. In the
Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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-01349-UNJ Document 30 Filed 01/24/23 Page 2 of 4
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 $125,000.00, representing compensation for his pain and suffering
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-01349-UNJ Document 30 Filed 01/24/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOHN ALLAIN,
Petitioner,
No. 21-1349V
v.
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 13, 2021, John Allain (“petitioner”) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”),
42 U.S.C. §§ 300aa-1 to -34, alleging that he suffered brachial neuritis in his right upper
extremity as a result of a diphtheria, tetanus, and acellular pertussis (“DTaP”) vaccine
administered on August 13, 2019.1 Petition at 1. On June 23, 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, and on June 28, 2022, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 18; ECF
No. 19.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $125,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1 Respondent notes that petitioner’s medical records indicate that he received a tetanus,
diphtheria, and acellular pertussis (“Tdap”) vaccine, rather than a DTaP vaccine; however, this
does not affect petitioner’s entitlement to, nor award for, compensation.

Case 1:21-vv-01349-UNJ Document 30 Filed 01/24/23 Page 4 of 4
The above amounts represent all elements of compensation to which petitioner would be
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 be made through a lump
sum payment as described below:
A lump sum payment of $125,000.00, in the form of a check payable to petitioner.
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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Alexa Roggenkamp
ALEXA ROGGENKAMP
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4179
alexa.roggenkamp@usdoj.gov
DATED: December 20, 2022
2