VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00873
Package ID: USCOURTS-cofc-1_16-vv-00873
Petitioner: Steven Fenn
Filed: 2017-09-05
Decided: 2018-05-15
Vaccine: influenza
Vaccination date: 
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Steven Fenn filed a petition for compensation under the National Vaccine Injury Compensation Program on September 5, 2017, alleging he suffered from brachial neuritis as a result of an influenza vaccination. Fenn stated that the vaccine was administered in the United States and that he experienced residual effects for more than six months. He also affirmed that there had been no prior award or settlement for his condition. The respondent denied that the vaccination caused the alleged brachial neuritis. However, on August 31, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Steven Fenn was awarded a lump sum of $75,000.00, payable to him, as compensation for all items of damages. The decision was issued on May 15, 2018. Petitioner counsel was Howard Scott Gold of Gold Law Firm, LLC. Respondent counsel was Debra A. Filteau Begley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Steven Fenn alleged brachial neuritis (BN) following an influenza (flu) vaccination. Respondent denied that the vaccination caused the alleged BN. The parties filed a joint stipulation agreeing to an award of compensation. The public decision does not describe the specific date of vaccination, the petitioner's age at vaccination, the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. Chief Special Master Nora Beth Dorsey adopted the joint stipulation, awarding a lump sum of $75,000.00 to the petitioner. The decision date was May 15, 2018. Petitioner was represented by Howard Scott Gold, and respondent was represented by Debra A. Filteau Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00873-0
Date issued/filed: 2018-05-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/05/2017) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-00873-UNJ Document 39 Filed 05/15/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-873V
Filed: September 5, 2017
UNPUBLISHED
STEVEN FENN,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Brachial Neuritis
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Howard Scott Gold, Gold Law Firm, LLC. Wellesley Hills, MA, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 25, 2016, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that he suffered from brachial neuritis (“BN”) as a result of
administration of an influenza (“flu”) vaccination. Petition at 1; Stipulation, filed August
31, 2017, at ¶ 4. Petitioner further alleges that the vaccine was administered within the
United States, that he has experienced residual effects of this injury for more than six
months, and that there has been no prior award or settlement of a civil action for
damages on his behalf as a result of his condition. Petition at 1-3; Stipulation at ¶¶ 3-5.
“Respondent denies that petitioner’s alleged BN, or any other injury, was caused-in-fact
by his flu vaccination.” Stipulation at ¶ 6.
Nevertheless, on August 31, 2017, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 1:16-vv-00873-UNJ Document 39 Filed 05/15/18 Page 2 of 7
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $75,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
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
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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