VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01110
Package ID: USCOURTS-cofc-1_17-vv-01110
Petitioner: Kenneth Keith
Filed: 2017-08-16
Decided: 2019-09-11
Vaccine: influenza
Vaccination date: 2014-10-21
Condition: Parsonage Turner Syndrome ("PTS")
Outcome: compensated
Award amount USD: 91140

AI-assisted case summary:
Kenneth Keith filed a petition on August 16, 2017, alleging that he suffered Parsonage Turner Syndrome (PTS) as a consequence of an influenza vaccine he received on or about October 21, 2014. He further alleged that he suffered residual effects for more than six months. Respondent denied that the flu vaccine caused petitioner's alleged PTS or any other injury. The parties filed a joint stipulation on June 24, 2019, agreeing to settle the case. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Kenneth Keith was awarded a lump sum of $91,140.20 in compensation for all damages available under the Vaccine Act. The stipulation stated that it was a full and complete negotiated settlement of liability and damages, and it did not constitute an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged PTS or any other injury.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01110-0
Date issued/filed: 2019-09-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/26/2019) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01110-UNJ Document 52 Filed 09/11/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1110V
Filed: June 26, 2019
UNPUBLISHED
KENNETH KEITH,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Parsonage Turner
SECRETARY OF HEALTH AND
Syndrome ("PTS")
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 16, 2017, 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 (“PTS”)
as a consequence of the influenza (“flu”) immunization he received on or about October
21, 2014, and further alleges that he suffered the residual effects of this injury for more
than six months. Petition at ¶34; Stipulation, ECF No. 42, at ¶ 4. “Respondent denies
that the flu vaccine caused petitioner's alleged PTS or any other injury and further
denies that his current disabilities are a sequela of a vaccine-related injury.” Stipulation
at ¶ 6.
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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 1:17-vv-01110-UNJ Document 52 Filed 09/11/19 Page 2 of 7
Nevertheless, on June 24, 2019, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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 $91,140.20 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 § 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

Case 1:17-vv-01110-UNJ Document 52 Filed 09/11/19 Page 3 of 7

Case 1:17-vv-01110-UNJ Document 52 Filed 09/11/19 Page 4 of 7
6. Respondent denies that the flu vaccine caused petitioner's alleged PTS or any other
injury and further denies that his current disabilities are a sequela of a vaccine-related injury.
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)(l), the Secretary of Health and Human Services will issue the
following vaccin.e compensation payment:
A lump sum of $91,140.20, in the form of a check payable to petitioner,
representing compensation for all damages that would be available under42 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 42 U .S.C.
§ 300aa-21(a)(l), and an application, the parties will submit to further proceedings before the
special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and his attorney represent that they have identified to respondent all k.~own
sources of payment for items or services for which the Program is not primarily liable under 42
U.S.C. § 300aa-15(g), including 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 entities that provide health services on a prepaid basis.
Page 2 of 5

Case 1:17-vv-01110-UNJ Document 52 Filed 09/11/19 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the
availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursed expenses. the money provided
pursuant to this Stipulation will be used solely for _the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual
capacity, and on behalfo f his heirs, executors, administrators, successors, and 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 United
. .
States 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 flu vaccination administered on or about October 21, 2014, as
alleged by petitioner in a petition for vaccine compensation filed on or about August 16, 2017, in
the United States Court of Federal Claims as petition No. 17-11 lOV.
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.
Page 3 of 5

Case 1:17-vv-01110-UNJ Document 52 Filed 09/11/19 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the tenns of
this Stipulation or if the United States 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.
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 otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or 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
amoW1t 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 flu vaccine caused petitioner's alleged PTS or
any other injury or any of his current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
Page 4 of5

Case 1:17-vv-01110-UNJ Document 52 Filed 09/11/19 Page 7 of 7
Respectfully submitted,
,, 'bf_
PETIT~ONER:
~
ATIORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
. ?;'---------
INE E. REEVES
J~FFREY S. POP & ASSOCIATES Deputy Director
9150 Wilshire Blvd. Torts Branch
Suite 241 Civil Division
Beverly Hills, CA 90212 U. S. Department of Justice
(3 I 0) 273-5462 P. 0. Box 146
Benjamin Franklin Station
Wa~hington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:
NARAYANNAIR, M.D.
Director, Division of Trial Attorney
Injury Compensation Programs (DICP) Torts Branch, Civil Division
Healthcare Systems Bureau U.S. Department of Justice
U.S. Department of Health P.O. Box 146
and Human Services Benjamin Franklin Station
5600 Fishers Lane Washington, D.C. 20044-0146
Parklawn.B uilding, Stop-08N 146B Tel: (202) 305-0660
Rockville, MD 20857
_LDj~~j_\\; .....:_~ _
Dated:
Page 5 of 5