VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00485
Package ID: USCOURTS-cofc-1_23-vv-00485
Petitioner: Jeremy Hershberger
Filed: 2023-04-07
Decided: 2024-07-26
Vaccine: Tdap
Vaccination date: 2021-10-11
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 123282

AI-assisted case summary:
Jeremy Hershberger filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered brachial neuritis as a result of a Tdap vaccine he received on October 11, 2021. He stated that the injury lasted longer than six months and that he had not received prior compensation for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Hershberger was entitled to compensation. The respondent agreed that the injury was consistent with brachial neuritis as defined by the Vaccine Injury Table, that the onset occurred between two and twenty-eight days after vaccination, and that medical evidence supported the diagnosis. The respondent also confirmed that the injury persisted for more than six months, the case was timely filed, and the vaccine was administered in the United States. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Mr. Hershberger entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending a total award of $123,282.93, which included $120,000.00 for pain and suffering and $3,282.93 for past unreimbursable expenses. Mr. Hershberger agreed with this proposed award. The Chief Special Master issued a decision awarding the proffered amount, concluding the case.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_23-vv-00485-0
Date issued/filed: 2024-06-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/07/2024) regarding 19 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:23-vv-00485-UNJ Document 22 Filed 06/07/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0485V
JEREMY HERSHBERGER, Chief Special Master Corcoran
Petitioner, Filed: May 7, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 7, 2023, Jeremy Hershberger 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 resulting from a tetanus
diphtheria acellular pertussis (“Tdap”) vaccine received on October 11, 2021. Petition at
1. Petitioner further alleges he received the Tdap vaccine in the United States, his injury
lasted longer than six months, and neither Petitioner, nor any other party, has ever
received compensation in the form of an award or settlement for his vaccine-related injury.
Petition at ¶¶ 1, 11, 12; Ex. 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:23-vv-00485-UNJ Document 22 Filed 06/07/24 Page 2 of 2
On May 3, 2024, 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 agrees that “petitioner’s alleged injury is consistent with BN
[brachial neuritis] as defined by the Vaccine Injury Table. Specifically, the medical
evidence demonstrates that petitioner’s brachial neuritis first manifested between two and
twenty-eight days of his receipt of the Tdap vaccine, petitioner received a clinical
diagnosis of brachial plexopathy and Parsonage-Turner syndrome, the findings of
petitioner’s EMG were consistent with brachial neuritis, and no other condition or
abnormality has been identified to explain petitioner’s symptoms.” Id. at 6. Respondent
further agrees that Petitioner’s brachial neuritis and its sequela, including pain and
weakness, persisted for greater than six months, the case was timely filed, the vaccine
was received in the United States, and Petitioner satisfies the statutory severity
requirement by suffering the residual effects of complications of his injury for more than
six months after vaccine administration. Id. Respondent notes that Petitioner has also
averred that neither he nor any other party has initiated a civil action to recover for his
vaccine-related injury, or received any compensation in the form of an award or
settlement for his injury, and thus entitlement to compensation is appropriate. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_23-vv-00485-1
Date issued/filed: 2024-07-26
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/24/2024) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:23-vv-00485-UNJ Document 29 Filed 07/26/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0485V
JEREMY HERSHBERGER, Chief Special Master Corcoran
Petitioner, Filed: June 24, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 7, 2023, Jeremy Hershberger 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 resulting from a tetanus
diphtheria acellular pertussis (“Tdap”) vaccine received on October 11, 2021. Petition at
1. Petitioner further alleges he received the Tdap vaccine in the United States, his injury
lasted longer than six months, and neither Petitioner, nor any other party, has ever
received compensation in the form of an award or settlement for his vaccine-related injury.
Petition at ¶¶ 1, 11, 12; Ex. 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On May 7, 2024, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for brachial neuritis. On June 21, 2024, Respondent filed a proffer on
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:23-vv-00485-UNJ Document 29 Filed 07/26/24 Page 2 of 5
award of compensation (“Proffer”) indicating Petitioner should be awarded $123,282.93.
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $123,282.93 (comprised of $120,000.00 in pain and suffering and
past unreimbursable expenses of $3,282.93) 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 1:23-vv-00485-UNJ Document 29 Filed 07/26/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JEREMY HERSHBERGER,
Petitioner,
v. No. 23-485 V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 7, 2023, Jeremy Hershberger (“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 the result of a
Tetanus (“Tdap”) vaccination he received on October 11, 2021. Petition at 1. On May 3, 2024,
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 May 7, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 17; ECF No. 19.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $120,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00485-UNJ Document 29 Filed 07/26/24 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $3,282.93. 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 following1: a lump sum payment of $123,282.93, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Jeremy Hershberger: $123,282.93
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER 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 1:23-vv-00485-UNJ Document 29 Filed 07/26/24 Page 5 of 5
JULIA COLLISON
Assistant Director
Torts Branch, Civil Division
/s/ KATHERINE EDWARDS
Katherine Edwards
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) 742-6374
E-mail: Katherine.Edwards2@usdoj.gov
DATED: June 21, 2024
3