VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00777
Package ID: USCOURTS-cofc-1_13-vv-00777
Petitioner: Shawn Kao
Filed: 2014-05-07
Decided: 2014-05-07
Vaccine: Tdap
Vaccination date: 2012-07-23
Condition: Parsonage-Turner Syndrome
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Petitioner Shawn Kao filed a petition on May 7, 2014, alleging that he suffered from Parsonage-Turner Syndrome caused by a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on July 23, 2012. He further alleged that he experienced residual effects of this injury for more than six months. The respondent denied that the Tdap vaccine caused petitioner's alleged injuries or his current condition. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Shawn Kao $45,000.00 in compensation for all damages. The award was to be paid as a check made payable to the petitioner. The decision was issued on May 7, 2014. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner's counsel was Mark T. Sadaka, and respondent's counsel was Alexis B. Babcock.

Theory of causation field:
Petitioner alleged that a Tdap vaccine administered on July 23, 2012, caused Parsonage-Turner Syndrome, with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $45,000.00. The public decision does not detail the specific theory of causation, medical evidence, expert testimony, or the mechanism of injury. Petitioner was represented by Mark T. Sadaka, and respondent by Alexis B. Babcock.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00777-0
Date issued/filed: 2014-05-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/07/2014) regarding 17 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00777-UNJ Document 18 Filed 05/28/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-777V
Filed: May 7, 2014
Not for Publication
*************************************
SHAWN KAO, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * Tdap vaccine; Parsonage-Turner Syndrome
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Mark T. Sadaka, Englewood, NJ, for petitioner.
Alexis B. Babcock, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On May 7, 2014, the parties filed the attached stipulation in which they agreed to settle this
case and described the settlement terms. Petitioner alleges that he suffered from
Parsonage-Turner Syndrome that was caused by his July 23, 2012, receipt of
Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine. He further alleges that he experienced
the residual effects of this injury for more than six months. Respondent denies that Tdap vaccine
caused petitioner’s alleged injuries, any other injury, or his current condition. Nonetheless, the
parties agreed to resolve this matter informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:13-vv-00777-UNJ Document 18 Filed 05/28/14 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$45,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $45,000.00 made payable to
petitioner.
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.2
IT IS SO ORDERED.
Dated: May 7, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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