VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01500
Package ID: USCOURTS-cofc-1_16-vv-01500
Petitioner: Charles E. Sumner
Filed: 2016-11-14
Decided: 2018-07-03
Vaccine: influenza
Vaccination date: 2013-11-16
Condition: brachial plexopathy
Outcome: compensated
Award amount USD: 62500

AI-assisted case summary:
Charles E. Sumner filed a petition for compensation on November 14, 2016, on his own behalf, alleging that he suffered from brachial plexopathy as a result of an influenza vaccination he received on November 16, 2013. He further alleged that he suffered residual effects of the condition for more than six months. Respondent denied that Petitioner’s alleged brachial plexopathy, its residual effects, or any other injury were caused-in-fact or aggravated by the influenza vaccine. However, the parties filed a joint stipulation for award on June 7, 2018. Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $62,500.00 as compensation for all damages. The parties agreed to the terms of the stipulation, and judgment was entered accordingly. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. Petitioner was represented by Mark T. Sadaka of Sadaka Associates LLC, and Respondent was represented by Adriana Teitel of the United States Department of Justice.

Theory of causation field:
Petitioner Charles E. Sumner alleged brachial plexopathy following an influenza vaccination on November 16, 2013, with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to an award, and Special Master Herbrina Sanders adopted the stipulation. Petitioner was awarded $62,500.00. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The stipulation was filed on June 7, 2018, and the decision was issued on July 3, 2018. Petitioner's counsel was Mark T. Sadaka, and Respondent's counsel was Adriana Teitel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01500-0
Date issued/filed: 2018-07-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/07/2018) regarding 38 DECISION Stipulation/Proffer: Signed by Special Master Herbrina Sanders. (kel) Service on parties made.
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Case 1:16-vv-01500-UNJ Document 42 Filed 07/03/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 7, 2018
* * * * * * * * * * * * * *
CHARLES E. SUMNER, * No. 16-1500V
*
Petitioner, * Special Master Sanders
*
v. *
* Stipulation for Award; Influenza (“flu”)
SECRETARY OF HEALTH * Vaccine; Brachial Plexopathy
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Mark T. Sadaka, Sadaka Associates LLC, Englewood, NJ, for Petitioner.
Adriana Teitel, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On November 14, 2016, Charles E. Sumner (“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 vaccination he received on November
16, 2013, he suffered from brachial plexopathy. See Stip. at ¶¶ 1-4, ECF No. 37. Petitioner further
alleged that he suffered residual effects of the condition for more than six months. Id. at ¶ 4.
On June 7, 2018, the parties filed a stipulation in which they state that a decision should be
entered awarding compensation to Petitioner. Stip. at ¶ 7, ECF No. 37. Respondent denies that
Petitioner’s alleged brachial plexopathy, its residual effects, or any other injury were caused-in-
fact or aggravated by the influenza vaccine that he received. Id. at ¶ 6. Nevertheless, the parties
agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
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)). In accordance with Vaccine Rule
18(b), a party has 14 days to identify and move to delete medical or other information that satisfies
the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that
the identified material fits within the requirements of that provision, such material will be deleted
from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.

Case 1:16-vv-01500-UNJ Document 42 Filed 07/03/18 Page 2 of 7
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 $62,500.00 in the form of a check payable to [P]etitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§300aa-15(a).
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
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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