VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00638
Package ID: USCOURTS-cofc-1_14-vv-00638
Petitioner: Eric Papenfuss
Filed: 2015-05-13
Decided: 2015-09-02
Vaccine: Tdap
Vaccination date: 
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 80352

AI-assisted case summary:
Eric Papenfuss filed a petition for compensation under the National Vaccine Injury Compensation Program on July 21, 2015, alleging that he suffered brachial neuritis as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccination. The petition stated that Mr. Papenfuss experienced residual effects of his injury for more than six months, had filed no other action for this injury, and had received no prior award or settlement. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Papenfuss's brachial neuritis or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. Despite the denial, the parties reached a joint stipulation to settle the case. On May 11, 2015, they filed a stipulation agreeing to settle the case and outlining the terms. The respondent agreed to pay Mr. Papenfuss a lump sum of $65,000.00, payable to him, as compensation for all damages available under the Vaccine Act. Chief Special Master Denise Kathryn Vowell adopted the stipulation and awarded the compensation. Subsequently, on August 7, 2015, the parties filed a stipulation concerning attorneys' fees and costs. They agreed upon an award of $15,352.85, representing all legal expenses incurred, including fees for legal services and advanced costs. Petitioner's counsel, Randall Knutson of the Knutson and Casey Law Firm, represented that Mr. Papenfuss incurred no out-of-pocket expenses. Chief Special Master Vowell found the proposed amount reasonable and awarded $15,352.85 as a lump sum, payable jointly to Mr. Papenfuss and his counsel. The total compensation awarded to Mr. Papenfuss was $80,352.85 ($65,000.00 for damages and $15,352.85 for fees and costs).

Theory of causation field:
Petitioner Eric Papenfuss alleged brachial neuritis as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccination. The respondent denied causation. The parties reached a joint stipulation to settle the case, with the respondent agreeing to pay $65,000.00 for all damages. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert testimony related to the brachial neuritis or its alleged causation by the Tdap vaccine. The decision also does not detail the mechanism of injury or reference the Vaccine Injury Table. Attorneys for the petitioner were Randall Knutson of Knutson and Casey Law Firm, and for the respondent was Claudia Gangi of the U.S. Department of Justice. Chief Special Master Denise Kathryn Vowell issued the decision on the stipulation for damages on May 13, 2015, and the decision on attorneys' fees and costs on September 2, 2015. The total award was $80,352.85, consisting of $65,000.00 for damages and $15,352.85 for attorneys' fees and costs.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00638-0
Date issued/filed: 2015-06-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/13/2015) regarding 28 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00638-UNJ Document 32 Filed 06/03/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-638V
Filed: May 13, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ERIC PAPENFUSS, *
*
Petitioner, * Joint Stipulation on Damages;
* Tetanus-Diphtheria-acellular
* Pertussis (“Tdap”); Brachial
SECRETARY OF HEALTH * Neuritis; Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Randall Knutson, Knutson and Casey Law Firm, Mankato, MN, for petitioner.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
On July 21, 2015, Eric Papenfuss 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 brachial neuritis as the
result of a tetanus-diphtheria-acellular pertussis [“Tdap”] vaccination. Petition at 1;
Stipulation, filed May 11, 2015, ¶ 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. Petition, ¶¶ 11-12; Stipulation, ¶¶
4-5. “Respondent denies that the Tdap vaccine caused petitioner’s brachial neuritis, or
any other injury, and denies that his current disabilities are sequelae of a vaccine-
related injury.” Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to 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-00638-UNJ Document 32 Filed 06/03/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
May 11, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner a lump sum of $65, 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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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00638-1
Date issued/filed: 2015-09-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/10/2015) regarding 34 DECISION Fees Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00638-UNJ Document 37 Filed 09/02/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-638V
Filed: August 10, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ERIC PAPENFUSS, *
*
Petitioner, * Attorney Fees and Costs; Stipulation;
* Special Processing Unit (“SPU”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Randall Knutson, Knutson and Casey Law Firm, Mankato, MN, for petitioner.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On July 21, 2014, Eric Papenfuss 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 alleged that he suffered brachial neuritis as the
result of a tetanus-diphtheria-acellular pertussis [“Tdap”] vaccination. Petition at 1. On
May 13, 2015, I issued a decision awarding compensation to petitioner based on the
parties’ joint stipulation.
On August 7, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties agree upon an award of
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), petitioners have 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 (2012).

Case 1:14-vv-00638-UNJ Document 37 Filed 09/02/15 Page 2 of 2
$15,352.85. In accordance with General Order #9, petitioner’s counsel represents that
petitioner incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total of $15,352.853 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel, Randall G. Knutson,
Esq.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief 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).
2