VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00532
Package ID: USCOURTS-cofc-1_16-vv-00532
Petitioner: Scott Pudalov
Filed: 2016-04-29
Decided: 2022-06-27
Vaccine: influenza
Vaccination date: 2014-10-25
Condition: fourth nerve palsy
Outcome: compensated
Award amount USD: 43000

AI-assisted case summary:
Scott Pudalov filed a petition for compensation under the National Vaccine Injury Compensation Program on April 29, 2016. He alleged that the influenza vaccine he received on October 25, 2014, caused or significantly aggravated his fourth nerve palsy. The respondent denied that the vaccine caused or aggravated any condition. Despite the denial, the parties reached a settlement agreement and filed a joint stipulation on June 1, 2022. As part of the settlement, the respondent agreed to issue a lump sum payment of $43,000.00, payable to Mr. Pudalov, to compensate for all damages available under the program. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation accordingly, directing the clerk of the court to enter judgment. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Scott Pudalov alleged that an influenza vaccine received on October 25, 2014, caused or significantly aggravated his fourth nerve palsy. Respondent denied causation. The parties reached a settlement, and a joint stipulation was filed on June 1, 2022. The settlement included a lump sum payment of $43,000.00 to petitioner for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation on June 27, 2022. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00532-0
Date issued/filed: 2022-06-27
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 6/1/2022) regarding 71 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made.
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Case 1:16-vv-00532-UNJ Document 76 Filed 06/27/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-532V
Filed: June 1, 2022
* * * * * * * * * * * * *
SCOTT PUDALOV, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Fourth Nerve Palsy; Influenza
v. * (“Flu”) Vaccine.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Mark Sadaka, Esq., Law Offices of Sadaka Associates, LLC, Englewood, NJ, for petitioner.
Camille M. Collett, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On April 29, 2016, Scott Pudalov [“Mr. Pudalov” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
the influenza (“flu”) vaccine he received on October 25, 2014 caused or, in the alternative,
significantly aggravated his fourth nerve palsy. Stipulation, filed June 1, 2022, at ¶¶ 1-4.
Respondent denies that the flu vaccine caused petitioner to suffer fourth nerve palsy, that it
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen 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). Otherwise, the whole Decision will be available to the public. Id.
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).
1

Case 1:16-vv-00532-UNJ Document 76 Filed 06/27/22 Page 2 of 8
significantly aggravated any pre-existing condition, or caused petitioner to suffer any other injury
or his current condition. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On June 1, 2022, the parties filed a
joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $43,000.00 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under §300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award 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.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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