VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00630
Package ID: USCOURTS-cofc-1_14-vv-00630
Petitioner: Gerald Binkley
Filed: 2014-07-21
Decided: 2015-05-22
Vaccine: Tdap
Vaccination date: 2013-01-11
Condition: shoulder injury
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Gerald Binkley filed a petition on July 21, 2014, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination administered on January 11, 2013, caused him to suffer a shoulder injury. Mr. Binkley further alleged that the residual effects of this injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Binkley's shoulder injury or any other disability. Despite the respondent's denial, the parties reached a stipulation to settle the case. The stipulation, filed on April 30, 2015, outlined the terms of the settlement. As part of this agreement, the respondent agreed to pay Mr. Binkley a lump sum of $85,000.00 as compensation for all damages. Chief Special Master Denise Kathryn Vowell adopted the parties' stipulation and awarded the compensation accordingly. The decision was issued on May 22, 2015. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner's counsel was Mark T. Sadaka, Esq., and respondent's counsel was Claudia B. Gangi, Esq.

Theory of causation field:
Petitioner Gerald Binkley alleged that a Tdap vaccination on January 11, 2013, caused a shoulder injury with residual effects lasting over six months. Respondent denied causation. The parties reached a stipulation for settlement, agreeing to an $85,000.00 lump sum award for all damages. The theory of causation was "Off-Table." The public decision does not detail the specific mechanism of injury, expert testimony, or medical evidence presented. The stipulation was filed on April 30, 2015, and the decision awarding damages was issued by Chief Special Master Denise Kathryn Vowell on May 22, 2015. Petitioner was represented by Mark T. Sadaka, Esq., and respondent by Claudia B. Gangi, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00630-0
Date issued/filed: 2015-05-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/30/2015) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00630-UNJ Document 27 Filed 05/22/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-630V
Filed: April 30, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GERALD BINKLEY, *
*
Petitioner, * Stipulation on Damages;
* Tetanus-Diphtheria-acellular Pertussis
* (“Tdap”) Vaccine; Shoulder Injury;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark T. Sadaka, Esq., Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Claudia B. Gangi, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON STIPULATION AWARDING DAMAGES1
Vowell, Chief Special Master:
On July 21, 2014, Gerald Binkley filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that he suffered a shoulder injury that
was caused-in-fact by his tetanus-diphtheria-acellular pertussis [“Tdap”] vaccination
administered on January 11, 2013. Stipulation, filed April 30, 2015, ¶¶ 2, 4. Petitioner
further alleges that he experienced the residual effects of his injury for more than six
months, has filed no other action for this injury, and has received no prior award or
settlement. Stipulation, ¶¶ 4-5. Respondent denies that petitioner’s Tdap vaccine
caused petitioner’s shoulder injury, any other injury, or his current disabilities.
Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I will post
it 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 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00630-UNJ Document 27 Filed 05/22/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
April 30, 2015, the parties filed a stipulation agreeing to settle this case and describing
the settlement terms.
Respondent agrees to pay petitioner:
A lump sum of $85,000.00 in the form of a check payable to petitioner.
Stipulation, ¶ 8. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a). Id.
I adopt the parties’ stipulation attached hereto, and award compensation in the
amount and on the terms set forth therein. In the absence of a motion for review filed
pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in
accordance with this decision.3
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2

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