VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00563
Package ID: USCOURTS-cofc-1_15-vv-00563
Petitioner: Brian Felten
Filed: 2015-06-01
Decided: 2017-11-14
Vaccine: influenza
Vaccination date: 2012-10-24
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 175000

AI-assisted case summary:
Brian Felten filed a petition on June 1, 2015, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that an influenza vaccine administered on October 24, 2012, caused him to develop transverse myelitis (TM) and experience residual effects for more than six months. Respondent denied that the flu vaccine caused Mr. Felten's TM or any other injury, and denied that his current disability was a sequela of a vaccine-related injury. The parties subsequently filed a stipulation for damages. They agreed that a decision should be entered awarding compensation to Mr. Felten, and stipulated to a lump sum payment of $175,000.00 as compensation for all elements of damages available to him. Special Master Herbrina Sanders found the stipulation to be reasonable and adopted it as the decision of the Court. Judgment was to be entered in accordance with the stipulation. Petitioner was represented by Mark T. Sadaka of Mark T. Sadaka, LLC, and Respondent was represented by Glenn A. MacLeod of the United States Department of Justice.

Theory of causation field:
Petitioner Brian Felten alleged that an influenza vaccine administered on October 24, 2012, caused him to suffer from transverse myelitis (TM) and experience residual effects for more than six months. Respondent denied causation. The parties filed a stipulation for damages, agreeing to a lump sum payment of $175,000.00 for all elements of damages. Special Master Herbrina Sanders adopted the stipulation as the decision of the Court. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the alleged causation or the denial of causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00563-0
Date issued/filed: 2017-12-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/14/2017) regarding 47 DECISION Stipulation. Signed by Special Master Herbrina Sanders. (azc) Service on parties made.
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Case 1:15-vv-00563-UNJ Document 52 Filed 12/20/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 14, 2017
* * * * * * * * * * * * * *
BRIAN FELTEN, * No. 15-563V
*
Petitioner, * Special Master Sanders
*
v. *
*
SECRETARY OF HEALTH * Stipulation for Damages; Influenza (“flu”)
AND HUMAN SERVICES, * Vaccine; Transverse Myelitis (“TM”).
*
Respondent. *
* * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for Petitioner.
Glenn A. MacLeod, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On June 1, 2015, Brian Felten (“Petitioner”) filed a petition for compensation pursuant to
the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012).
Petitioner alleged that, as a result of an influenza (“flu”) vaccine administered on October 24,
2012, he suffered from transverse myelitis (“TM”). See Stip. at ¶¶ 1-4, ECF No. 46. Petitioner
further alleged that he experienced residual effects of his injury for more than six months. Id. at
¶ 4.
On November 14, 2017, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation to Petitioner. Respondent denies that the flu vaccine
caused Petitioner’s alleged TM or any other injury, and denies that Petitioner’s current disability
is “a sequela of a vaccine-related injury.” Id. at ¶ 6. Nevertheless, the parties agree to the joint
1 This decision shall be posted on the website of the United States Court of Federal Claims, 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 (2012)). 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.” Vaccine Rule 18(b).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Hereafter,
for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of
42 U.S.C. § 300aa (2012).

Case 1:15-vv-00563-UNJ Document 52 Filed 12/20/17 Page 2 of 7
stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and
adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $175,000.00, which amount represents compensation for all
elements of damages available to [P]etitioner under 42 U.S.C. § 300aa-15(a), in
the form of a check available to [P]etitioner.
Id. at ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
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

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