VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00613
Package ID: USCOURTS-cofc-1_13-vv-00613
Petitioner: Bryan Krehnbrink
Filed: 2014-09-24
Decided: 2015-03-13
Vaccine: Tdap
Vaccination date: 2010-09-27
Condition: deltoid bursitis
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Bryan Krehnbrink filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the Tdap vaccine he received on September 27, 2010, caused his deltoid bursitis. He also received a flu vaccine on the same day, but alleged no injury from it. Mr. Krehnbrink claimed residual effects from his injury lasted more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap or flu vaccine caused his bursitis or any other injury or disability. Despite the denial, the parties reached a settlement agreement. They filed a joint stipulation agreeing to resolve the case, with the respondent agreeing to pay Mr. Krehnbrink a lump sum of $100,000.00 as compensation for all damages. The Special Master adopted the stipulation and awarded the compensation. Subsequently, the parties filed another stipulation regarding attorneys' fees and costs. The respondent did not object to petitioner's request for $14,312.14 in attorneys' fees and costs, and $350.00 for petitioner's litigation costs. The Special Master found the petition was brought in good faith with a reasonable basis, and awarded the total amount of $14,662.14, payable jointly to Mr. Krehnbrink and his counsel for fees and costs, and to Mr. Krehnbrink for his personal litigation costs.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00613-0
Date issued/filed: 2014-10-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/24/2014) regarding 26 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00613-UNJ Document 30 Filed 10/24/14 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-0613V
Filed: September 24, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRYAN KREHNBRINK *
*
Petitioner, * Stipulation; Tdap; Deltoid Bursitis
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Esq., Conway, Homer & Chin-Caplan, P.C., Boston, MA for petitioner.
Althea W. Davis, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Bryan Krehnbrink [petitioner] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on August 27, 2013. Petitioner alleges that the
Tdap vaccine he received on September 27, 2010, caused his deltoid bursitis3. See
Stipulation, filed September 22, 2014, at ¶¶ 2, 4. Further, petitioner alleges that he
experienced residual effects of his injury for more than six months. Id. at ¶ 4.
Respondent denies that the Tdap or flu vaccine caused petitioner’s bursitis or any other
injury or his current disabilities. Id. at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).
3 Petitioner provides that he also received a trivalent influenza vaccine on September 27, 2010, but has
alleged no injury related to the administration of that vaccination. Stipulation at fn 1.

Case 1:13-vv-00613-UNJ Document 30 Filed 10/24/14 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On September 22,
2014, the parties filed a joint stipulation agreeing to settle this case and describing the
settlement terms.
Respondent agrees to pay petitioner:
(a) A lump sum of $100,000.00 in the form of a check payable to
petitioner, Bryan Krehnbrink. This amount represents compensation
for all damages that would be available under § 300aa-15(a).
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

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Case 1:13-vv-00613-UNJ Document 30 Filed 10/24/14 Page 5 of 7

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Case 1:13-vv-00613-UNJ Document 30 Filed 10/24/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00613-1
Date issued/filed: 2015-03-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/20/2015) regarding 34 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00613-UNJ Document 37 Filed 03/13/15 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-0613V
Filed: February 20, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRYAN KREHNBRINK *
*
Petitioner, * Stipulation; Attorneys’ Fees & Costs
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Esq., Conway, Homer & Chin-Caplan, P.C., Boston, MA for petitioner.
Althea W. Davis, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a decision adopting the parties’ stipulation on September 24, 2014. On February 20,
2015, the parties filed a Stipulation of Fact concerning attorneys’ fees and costs.
Additionally, pursuant to General Order #9, petitioner’s counsel asserted that petitioner
incurred $350.00 in litigation costs in this matter. Id. at para. 3.
The parties’ stipulation indicates that respondent does not object to the amended
amount of $14,312.14 in attorneys’ fees and costs and petitioner’s costs of $350.00 that
petitioner is requesting for attorneys’ fees and costs.
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete 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
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:13-vv-00613-UNJ Document 37 Filed 03/13/15 Page 2 of 2
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate. Accordingly, I hereby award the total $14,662.143 as
follows:
• A lump sum of $14,312.14 in the form of a check payable jointly to
petitioner and petitioner’s counsel of record, Ronald C. Homer, for
petitioner’s attorney fees and costs; and
• A lump sum of $350.00 in the form of a check payable to petitioner,
Bryan Krehnbrink, for his personal litigation costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).