VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01208
Package ID: USCOURTS-cofc-1_16-vv-01208
Petitioner: Kyle Burt
Filed: 2017-07-06
Decided: 2018-01-23
Vaccine: Tdap
Vaccination date: 2015-07-29
Condition: Parsonage-Turner syndrome (brachial neuritis)
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Kyle Burt filed a petition for compensation under the National Vaccine Injury Compensation Program on July 6, 2017, alleging that he suffered Parsonage-Turner syndrome, also known as brachial neuritis, as a result of a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on July 29, 2015. Mr. Burt further alleged that he experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Burt's brachial neuritis or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on July 5, 2017, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable. The court awarded Kyle Burt a lump sum of $40,000.00, payable by check to the petitioner. This amount was determined to represent compensation for all items of damages available under the Vaccine Act. The decision was entered on January 23, 2018. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Nancy Routh Meyers represented the petitioner, and Adriana Ruth Teitel represented the respondent.

Theory of causation field:
Petitioner Kyle Burt alleged that a Tdap vaccine received on July 29, 2015, caused Parsonage-Turner syndrome (brachial neuritis) with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The Special Master adopted the stipulation, awarding a lump sum of $40,000.00 for all damages under the Vaccine Act. The decision was entered on January 23, 2018, based on the stipulation filed July 5, 2017. The theory of causation was "Off-Table." The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation's agreement on causation. Petitioner was represented by Nancy Routh Meyers, and respondent by Adriana Ruth Teitel. Chief Special Master Nora Beth Dorsey issued the decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01208-0
Date issued/filed: 2018-01-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/6/2017) regarding 22 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01208-UNJ Document 33 Filed 01/23/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1208V
Filed: July 6, 2017
UNPUBLISHED
KYLE BURT,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Tetanus
Petitioner,
Diphtheria acellular Pertussis (Tdap)
v.
Vaccine; Brachial Neuritis
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Nancy Routh Meyers, Ward Black Law, Greensboro NC, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On September 27, 2016, Kyle Burt (“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 Parsonage-Turner
syndrome (“brachial neuritis”) as a result of a Tetanus-diphtheria-acellular pertussis
vaccine (“Tdap”) vaccine he received on July 29, 2015. Petition at 1-2; Stipulation, filed
July 5, 2017, at ¶ 4. Petitioner further alleges that he experienced the residual effects of
this injury for more than six months. Petition at 3; Stipulation at ¶ 1. “Respondent
denies that petitioner’s brachial neuritis and its residual effects were caused-in-fact by
his Tdap vaccine. Respondent further denies that the vaccine caused petitioner any
other injury or his current condition. ” Stipulation at ¶ 6.
Nevertheless, on July 5, 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-01208-UNJ Document 33 Filed 01/23/18 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 $40,000.00, 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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