VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01452
Package ID: USCOURTS-cofc-1_17-vv-01452
Petitioner: Kyle Anderson
Filed: 2019-01-24
Decided: 2019-02-19
Vaccine: influenza
Vaccination date: 2016-04-07
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 90270

AI-assisted case summary:
Kyle Anderson filed a petition for compensation under the National Vaccine Injury Compensation Program on October 5, 2017, alleging he developed brachial neuritis after receiving an influenza vaccine on or about April 7, 2016. The respondent denied that the immunization caused the petitioner's injury. The parties subsequently filed a joint stipulation to settle the case, agreeing that the respondent would issue a lump sum payment of $90,270.00 to Kyle Anderson as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and directed the clerk of the court to enter judgment in accordance with the decision. Theodore Hong, Esq., represented the petitioner, and Mallori Openchowski, Esq., represented the respondent. The public decision does not describe the specific onset of symptoms, clinical details, or any expert testimony.

Theory of causation field:
Kyle Anderson alleged brachial neuritis following an influenza vaccination on or about April 7, 2016. The respondent denied causation. The parties reached a settlement via joint stipulation, resulting in an award of $90,270.00. The public decision does not detail the specific theory of causation, mechanism of injury, or any expert testimony presented. The case was decided by Special Master Mindy Michaels Roth on February 19, 2019, with petitioner represented by Theodore Hong, Esq., and respondent by Mallori Openchowski, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01452-0
Date issued/filed: 2019-02-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/24/2019) regarding 24 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
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Case 1:17-vv-01452-UNJ Document 27 Filed 02/19/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1452V
Filed: January 24, 2019
* * * * * * * * * * * * *
KYLE ANDERSON, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Influenza (“Flu”) Vaccine;
v. * Brachial Neuritis
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Theodore Hong, Esq., Maglio Christopher & Toale, Seattle, WA, for petitioner.
Mallori Openchowski, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On October 5, 2017, Kyle Anderson [“Mr. Anderson or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he developed brachial neuritis after receiving an influenza (“flu”) vaccination on or about April 7,
2016. Stipulation, filed Jan. 23, 2019, at ¶¶ 1-4. Respondent denies that any of the aforementioned
immunizations caused petitioner’s injury. Stipulation at ¶ 6.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
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).
1

Case 1:17-vv-01452-UNJ Document 27 Filed 02/19/19 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On January 23, 2019, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $90,270.00 in the form of a check payable to petitioner, Kyle
Anderson. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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