VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01325
Package ID: USCOURTS-cofc-1_16-vv-01325
Petitioner: Vada Kimey
Filed: 2016-10-12
Decided: 2018-02-12
Vaccine: influenza
Vaccination date: 2015-11-30
Condition: brachial neuritis (Parsonage Turner syndrome)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Vada Kimey filed a petition for vaccine compensation on October 12, 2016, alleging that the influenza vaccine she received on November 30, 2015, caused her to suffer brachial neuritis, also known as Parsonage Turner syndrome. The petition stated that the injury's residual effects lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms. Kimey's condition. Despite this denial, the parties reached a joint stipulation to resolve the case. Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the Court's decision. As part of the stipulation, Ms. Kimey was awarded a lump sum payment of $60,000.00, representing compensation for all damages available under the National Vaccine Injury Compensation Program. The decision was entered on February 12, 2018. Petitioner was represented by John R. Howie, Jr. of Howie Law, P.C., and respondent was represented by Ann D. Martin of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, or treatments. The specific mechanism of causation was not detailed in the public decision, but the injury is listed on the Vaccine Injury Table.

Theory of causation field:
Petitioner Vada Kimey received an influenza vaccine on November 30, 2015. She alleged this vaccine caused brachial neuritis (Parsonage Turner syndrome), with residual effects lasting over six months. The respondent denied causation. The parties entered into a stipulation, which was adopted by Special Master Christian J. Moran. The injury, brachial neuritis, is listed on the Vaccine Injury Table. The stipulation does not detail specific medical experts, clinical findings, or a mechanism of injury beyond its inclusion on the Table. Petitioner was awarded $60,000.00 as a lump sum for all damages. The decision was entered on February 12, 2018. Petitioner's counsel was John R. Howie, Jr., and respondent's counsel was Ann D. Martin. The theory of causation relies on the Vaccine Injury Table listing for brachial neuritis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01325-0
Date issued/filed: 2018-02-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/17/2018) regarding 47 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made.
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Case 1:16-vv-01325-UNJ Document 53 Filed 02/12/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
VADA KIMEY, *
* No. 16-1325V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: January 17, 2018
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * brachial neuritis; Parsonage Turner
* syndrome
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for Petitioner;
Ann D. Martin, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On January 12, 2018, the parties filed a joint stipulation concerning the
petition for compensation filed by Vada Kimey on October 12, 2016. Petitioner
alleged that the influenza (“flu”) vaccine she received on November 30, 2015,
which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a),
caused her to suffer brachial neuritis (Parsonage Turner syndrome). Petitioner
further alleges that she suffered the residual effects of this injury for more than six
months. Petitioner represents that there has been no prior award or settlement of a
civil action for damages on her behalf as a result of her condition.
Respondent denies that the influenza vaccine caused petitioner to suffer
brachial neuritis (Parsonage Turner syndrome) or any other injury.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:16-vv-01325-UNJ Document 53 Filed 02/12/18 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $60,000.00 in the form of a check payable to
petitioner. This amount represents compensation for all damages that
would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 16-1325V according to this decision
and the attached stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:16-vv-01325-UNJ Document 53 Filed 02/12/18 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
VADA KIMEY, )
)
Petitioner, )
) No. 16-1325V
v. ) Special Master Moran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the “Vaccine Program”). The petition
seeks compensation for injuries allegedly related to petitioner’s receipt of the influenza vaccine,
which vaccineis contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received an influenzaimmunizationonNovember30, 2015.
3. The vaccinewas administered within the United States.
4. Petitioner alleges that she suffered brachial neuritis, or Parsonage Turner Syndrome,
as a result of receiving the influenzavaccine, and suffered the residual effects of this alleged
injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on herbehalf as a result of her condition.
6. Respondent denies that the influenzaimmunization caused petitioner’s brachial
neuritis or any other injury or hercurrent condition.

Case 1:16-vv-01325-UNJ Document 53 Filed 02/12/18 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue a
lump sum payment of $60,000.00in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the Chief Special Master to award reasonable attorneys’ fees and costs incurred in
proceeding upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability ofsufficient statutory funds.
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Case 1:16-vv-01325-UNJ Document 53 Filed 02/12/18 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees,litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be usedsolely for the benefit of petitioneras contemplated by a
strict construction of 42 U.S.C. §§300aa-15(a) and (d), and subject to the conditions of
42U.S.C. §§300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the influenza vaccinationadministered on or about
November 30, 2015, as alleged by petitionerin a petition for vaccine compensation filed on or
about October 12, 2016, in the United States Court of Federal Claims as petition No. 16-1325V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the Chief Special Master fails to issue a decision in complete conformity with the
terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity
with a decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
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Case 1:16-vv-01325-UNJ Document 53 Filed 02/12/18 Page 6 of 7
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwisenoted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine caused petitioner’s alleged
brachial neuritis or any other injury or her current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:16-vv-01325-UNJ Document 53 Filed 02/12/18 Page 7 of 7