VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00445
Package ID: USCOURTS-cofc-1_13-vv-00445
Petitioner: Mark Barry Hooper
Filed: 2013-07-02
Decided: 2014-09-02
Vaccine: influenza
Vaccination date: 2012-09-19
Condition: Parsonage Turner syndrome
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Mark Barry Hooper filed a petition on July 2, 2013, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that an influenza vaccination he received on September 19, 2012, caused him to develop Parsonage Turner Syndrome (PTS). The respondent denied that the petitioner's flu vaccination caused his PTS or any other injury. However, both parties agreed to a joint stipulation, filed on August 5, 2014, to settle the case. Special Master Lisa Hamilton-Fieldman found the stipulation to be reasonable and adopted it as the decision of the Court. The stipulation awarded a lump sum of $80,000.00, payable to the petitioner, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $8,033.94 was awarded for attorneys' fees and costs, payable jointly to the petitioner and his counsel, Douglas Lee Burdette of Burkett & Burdette. The public decision does not describe the petitioner's specific onset of symptoms, medical tests, or treatments. Petitioner had not personally incurred any out-of-pocket litigation expenses. The clerk of the court was directed to enter judgment, as the parties jointly renounced their right to seek review.

Theory of causation field:
Petitioner Mark Barry Hooper alleged that an influenza vaccine administered on September 19, 2012, caused him to develop Parsonage Turner Syndrome (PTS). Respondent denied causation. The parties entered into a joint stipulation on August 5, 2014, to settle the case. Special Master Hamilton-Fieldman adopted the stipulation, finding it reasonable. The award included $80,000.00 for damages and $8,033.94 for attorneys' fees and costs, payable jointly to Petitioner and his counsel, Douglas Lee Burdette of Burkett & Burdette. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the alleged causation.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00445-0
Date issued/filed: 2014-09-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/08/2014) regarding 23 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00445-UNJ Document 27 Filed 09/02/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-445V
(E-Filed: August 8, 2014)
* * * * * * * * * * * * * * *
MARK BARRY HOOPER, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Influenza Vaccine; Parsonage Turner
SECRETARY OF HEALTH AND * Syndrome (“PTS”); Decision;
HUMAN SERVICES, * Stipulation.
*
Respondent. *
* * * * * * * * * * * * * * *
Douglas Lee Burdette, Burkett & Burdette, Seattle, WA, for Petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES1
On July 2, 2013, Petitioner, Mark Barry Hooper, filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (Athe Vaccine
Program@). Petitioner alleged that he suffered Parsonage Turner syndrome (“PTS”), as a
result of receiving an influenza vaccination on September 19, 2012.2
1 Because this decision contains a reasoned explanation for the undersigned’s
action in this case, the undersigned intends to post this decision on the United States
Court of Federal Claims’ website, in accordance with the E-Government Act of 2002,
Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. §
3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within
which to request redaction “of any information furnished by that party: (1) that is a trade
secret or commercial or financial in substance and is privileged or confidential; or (2) that
includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Otherwise, “the entire” decision will be available to
the public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the
National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755,
codified as amended, 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
1

Case 1:13-vv-00445-UNJ Document 27 Filed 09/02/14 Page 2 of 7
Respondent denies that Petitioner’s influenza vaccination caused his PTS and/or
any other injury. Nonetheless, both parties, while maintaining their above stated
positions, agreed in a Stipulation, filed August 5, 2014, (“Stipulation”) that the issues
before them can be settled and that a decision should be entered awarding Petitioner
compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $80,000.00 in the form of a check payable to Petitioner,
representing all damages available under 42 U.S.C. §300aa-15(a) to which
Petitioner would be entitled.
Stipulation ¶ 8(a)
A lump sum of $8,033.94 in the form of a check payable jointly to Petitioner and
Petitioner’s attorney, for attorneys’ fees and costs available under 42 U.S.C. §
300aa-15(e), and in compliance with General Order # 9, no out-of-pocket
expenses were incurred by Petitioner in proceeding on the petition.
Stipulation ¶ 8(b)
The undersigned approves the requested amounts for Petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
(Vaccine Act or the Act). All citations in this decision to individual sections of the
Vaccine Act are to 42 U.S.C.A. ' 300aa.
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties=
joint filing of notice renouncing the right to seek review.
2

Case 1:13-vv-00445-UNJ Document 27 Filed 09/02/14 Page 3 of 7

Case 1:13-vv-00445-UNJ Document 27 Filed 09/02/14 Page 4 of 7

Case 1:13-vv-00445-UNJ Document 27 Filed 09/02/14 Page 5 of 7

Case 1:13-vv-00445-UNJ Document 27 Filed 09/02/14 Page 6 of 7

Case 1:13-vv-00445-UNJ Document 27 Filed 09/02/14 Page 7 of 7