VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00662
Package ID: USCOURTS-cofc-1_18-vv-00662
Petitioner: Brent Pyles
Filed: 2020-02-13
Decided: 2020-03-24
Vaccine: Tdap
Vaccination date: 2017-05-18
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 49546

AI-assisted case summary:
Brent Pyles filed a petition for compensation under the National Vaccine Injury Compensation Program on May 10, 2018, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine on May 18, 2017. The petition stated that he experienced residual effects of this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injuries or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on February 11, 2020, agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The award included a lump sum of $45,000.00 for pain and suffering, payable to the petitioner. Additionally, a lump sum of $4,545.87 was awarded to reimburse the Commonwealth of Kentucky Medicaid lien, payable jointly to the petitioner and Equian, LLC. The total award was $49,545.87. The stipulation stated that this settlement represented a compromise of the parties' respective positions on liability and/or damages. The case was settled as a Table injury claim. Petitioner was represented by John Robert Howie of Howie Law, PC, and the respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Brent Pyles alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on May 18, 2017. The respondent denied the SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to compensation. The decision adopted this stipulation, awarding $45,000.00 for pain and suffering and $4,545.87 for reimbursement of the Commonwealth of Kentucky Medicaid lien, totaling $49,545.87. The case was settled as a Table injury claim. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical information regarding the onset or progression of the alleged injury. The stipulation was filed on February 11, 2020, and the decision was issued by Chief Special Master Brian H. Corcoran on March 24, 2020. Petitioner's counsel was John Robert Howie, and respondent's counsel was Colleen Clemons Hartley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00662-0
Date issued/filed: 2019-10-11
Pages: 4
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/24/2019) regarding 22 Findings of Fact & Conclusions of Law Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00662-UNJ Document 29 Filed 10/11/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-662V
Filed: July 24, 2019
UNPUBLISHED
BRENT PYLES,
Petitioner, Special Processing Unit (SPU); Fact
v. Ruling; Onset; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
FACT RULING1
Dorsey, Chief Special Master:
On May 10, 2018, 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 received a Tetanus-Diphtheria-acellular Pertussis
(“Tdap”) vaccination on May 18, 2017, and subsequently suffered right shoulder injuries
related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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 ruling 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 1:18-vv-00662-UNJ Document 29 Filed 10/11/19 Page 2 of 4
For the reasons discussed below, the undersigned finds the onset of petitioner’s
shoulder injury related to vaccine administration (“SIRVA”) occurred within 48 hours of
vaccination. Specifically, petitioner suffered pain within 48 hours of vaccination.
I. Relevant Procedural History
In support of his claim, petitioner filed medical records (Exs. 2-6) and his own
affidavits (Exs. 1, 7). Deadlines for respondent to report his position in the case were
set following the August 8, 2018 initial status conference. Order, ECF No. 10; see also
Docket Entries dated Oct. 11, 2018, Dec. 12, 2018, and Feb. 8, 2019.
On March 31, 2019, respondent reported that he intended to defend the case
and requested a deadline be set for his Rule 4(c) report. ECF No. 17. Respondent filed
his Rule 4(c) report on June 3, 2019. Resp. Rep., ECF No. 18. In this report,
respondent argues that petitioner has not met his burden of establishing that the onset
of his shoulder injury occurred within 48 hours of his May 18, 2017 Tdap vaccination.
Id. at 6.
Thereafter, the undersigned reviewed the evidence and determined that fact
hearing or briefing would not be necessary. Order, ECF No. 19. A deadline was set for
closing the record on the matter of onset. Id. In response, petitioner filed an affidavit
from his mother, Judith Pyles. Ex. 8, ECF No. 21. No additional filings were made.
The matter is now ripe.
II. Issue
At issue is whether petitioner’s first symptom or manifestation of onset after
vaccine administration was within 48 hours as set forth in the Vaccine Injury Table. 42
C.F.R. § 100.3(a) I.C & II.C. (2017) (Tdap vaccination). Additionally, the Qualifications
and aids to interpretation (“QAI”) for a Table SIRVA requires that a petitioner’s pain
occur within this same time frame, 48 hours. 42 C.F.R. § 100.3(c)(10).
III. Authority
Pursuant to Vaccine Act § 13(a)(1)(A), a petitioner must prove, by a
preponderance of the evidence, the matters required in the petition by Vaccine Act
§ 11(c)(1). A special master may find that the first symptom or manifestation of onset of
an injury occurred “within the time period described in the Vaccine Injury Table even
though the occurrence of such symptom or manifestation was not recorded or was
incorrectly recorded as having occurred outside such period.” Vaccine Act § 13(b)(2).
“Such a finding may be made only upon demonstration by a preponderance of the
2

Case 1:18-vv-00662-UNJ Document 29 Filed 10/11/19 Page 3 of 4
evidence that the onset [of the injury] . . . did in fact occur within the time period
described in the Vaccine Injury Table.” Id.
A special master must consider, but is not bound by, any diagnosis, conclusion,
judgment, test result, report, or summary concerning the nature, causation, and
aggravation of petitioner’s injury or illness that is contained in a medical record.
Vaccine Act § 13(b)(1). “Medical records, in general, warrant consideration as
trustworthy evidence. The records contain information supplied to or by health
professionals to facilitate diagnosis and treatment of medical conditions. With proper
treatment hanging in the balance, accuracy has an extra premium. These records are
also generally contemporaneous to the medical events.” Curcuras v. Sec’y of Health &
Human Servs., 993 F.2d 1525, 1528 (Fed. Cir. 1993).
IV. Finding of Fact
The undersigned makes the finding after a complete review of the record to
include all medical records, affidavits, and respondent’s Rule 4(c) report. Specifically,
the undersigned bases the finding on the following evidence:
• Petitioner received a Tdap vaccination in his right deltoid on May 18, 2017.
Ex. 3 at 56.
• On June 3, 2017, petitioner returned to Georgetown Community Hospital with
complaints of “pain in right shoulder-with recent tetanus immunization.” Ex. 2
at 71. The record further notes that petitioner reported that “he had a tetanus
shot in his right arm 2.5 weeks ago, now with continues pain to arm.” Id.
• On July 6, 2017, petitioner was seen at Baptist Health for right shoulder pain.
Ex. 3 at 1-4. Petitioner reported that he was involved in an altercation two
days before and has experienced problems with his right shoulder since
receiving a tetanus shot. Id. An x-ray was ordered and assessed as normal.
Id. Petitioner was referred to an orthopedist and physical therapy. Id.
• On July 31, 2017, petitioner sought an orthopedic evaluation with Dr. Samuel
Coy at Kentucky Bone and Joint Surgeons. Ex. 4 at 3. Petitioner reported
that he has constant sharp right shoulder pain since receiving a tetanus shot
on May 18, 2017. Id.
• On August 16, 2017, petitioner attended his first physical therapy session at
Orthopedic and Sports Physical Therapy. Ex. 5 at 2. On the intake form from
this therapy session, petitioner noted that he was injured on May 18, 2017 by
a tetanus shot. Id. at 3.
• On September 11, 2017, petitioner returned to Dr. Coy for a follow up
appointment. Ex. 4 at 6. The history taken during that appointment describes
“shoulder problem has been occurring for 4 months (5/18/17).” Id.
• On November 6, 2017, petitioner had another follow-up with Dr. Coy. Ex. 4 at
10. The record from this encounter notes “shoulder problem has been
occurring for 6 months (5/18/17).” Id.
• On January 10, 2018, petitioner returned to Kentucky Bone and Joint
Surgeons and was evaluated by Dr. Daniel J. Hackett, Jr. Ex. 4 at 14. The
3

Case 1:18-vv-00662-UNJ Document 29 Filed 10/11/19 Page 4 of 4
record from this encounter notes “shoulder problem has been occurring for 8
months (5/18/2017).” Id.
• On January 15, 2018, petitioner returned for another round of physical
therapy at Orthopedic and Sports Physical Therapy. Ex. 5 at 22. On the
intake form from this therapy session, petitioner noted that he was injured on
May 18, 2017 by a tetanus shot. Id.
Petitioner provided the following affidavit testimony as to the onset of his right
shoulder pain: “At the time the vaccination was administered, I felt some soreness in the
area of my arm where my vaccination had been administered. The following day, my
right shoulder pain worsened, and within forty-eight hours of my vaccination, I was
experiencing a sharp pain in my right shoulder.” Ex. 1 at 1. Petitioner’s mother, Judith
Pyles, attests to recalling her son mentioning that his right shoulder “hurt pretty bad” on
the day he received the tetanus vaccination. Ex. 8 at 1.
The above medical entries are consistent with petitioner’s affidavit testimony that
his right shoulder pain began at the time he received the Tdap vaccine on May 18,
2017. The undersigned finds the sworn testimony of petitioner and his mother to be
credible and in agreement with the contemporaneously created treatment records. As
such, the undersigned finds preponderant evidence that the onset of petitioner’s right
shoulder injury occurred within 48 hours of his May 18, 2017 Tdap vaccination.
V. Scheduling Order
Respondent shall file a status report by Thursday, September 5, 2019,
indicating whether he is interested in exploring an informal resolution of petitioner’s
claim.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00662-1
Date issued/filed: 2020-03-24
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 02/13/2020) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-00662-UNJ Document 46 Filed 03/24/20 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-662V
UNPUBLISHED
BRENT PYLES, Chief Special Master Corcoran
Petitioner, Filed: February 13, 2020
v.
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Tetanus
Diphtheria acellular Pertussis (Tdap)
Respondent. Vaccine; Shoulder Injury Related to
Vaccine Administration (SIRVA)
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On May 10, 2018, Brent Pyles 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 a shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1; Stipulation, filed February 11, 2020, at ¶ 4.
Petitioner further alleges he experienced the residual effects of this condition for more
than six months. Petition at 7; Stipulation at ¶ 4. “Respondent denies that Petitioner
sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged
shoulder injuries, or any other injury; and denies that his current condition is a sequelae
of a vaccine-related injury. ” Stipulation at ¶ 6.
Nevertheless, on February 11, 2020, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I 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 1:18-vv-00662-UNJ Document 46 Filed 03/24/20 Page 2 of 8
stipulation reasonable and adopt it as my decision awarding damages, on the terms set
forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
(a) A lump sum of $45,000 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.
(b) A lump sum of $4,545.87 representing reimbursement of the
Commonwealth of Kentucky Medicaid lien, in the form of a check
payable jointly to Petitioner and
Equian, LLC
Member: Brent Pyles
File No.: 852853-177017
P.O. Box 32140
Louisville, Kentucky 40232-2140
Petitioner agrees to endorse this payment to the Commonwealth of Kentucky. Id.
I approve 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/Brian H. Corcoran
Brian H. Corcoran
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 1:18-vv-00662-UNJ Document 46 Filed 03/24/20 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BRENT PYLES,
)
)
Petitioner, '
) No. 18-662V
v.
) Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND HUMAN ))
SERVICES, )
_______________
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Brent Pyles, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 et seq. {the "Vaccine Program").
The petition seeks compensation for injuries related to petitioner's receipt of the tetanus,
diphtheria, acellular pertussis {"Tdap") vaccine, which vaccine is contained in the Vaccine Injury
Table (the "Table"), 42 C.F .R. § 100.3(a).
2. Petitioner received the Tdap vaccination on May 18,2017.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he sustained a Shoulder Injury Related to Vaccine Administration
("SIRVA") within the time period set forth in the Table, or in the alternative, that his shoulder
injury was caused by the vaccine. He further alleges that he experienced the residual effects of
this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his condition.

Case 1:18-vv-00662-UNJ Document 46 Filed 03/24/20 Page 4 of 8
6. Respondent denies that petitioner sustained a SIRVA Table injury;· denies that the
vaccine caused petitioner's alleged shoulder injuries, or any other injury; and denies that his
current condition is a sequelae 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-2 l (a)(I ), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $45,000.00, which amount represents compensation for pain and
suffering, in the form of a check payable to petitioner; and
b. A lump sum of $4,545.87 representing reimbursement of the Commonwealth of
Kentucky Medicaid lien, in the form of a check payable jointly to petitioner and
Equian, LLC
Member: Brent Pyles
File No.: 852853-177017
P.O. Box 32140
Louisville, Kentucky 40232-2140
This lump sum represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the Commonwealth of Kentucky may have against any individual as a result of any
Medicaid payments the Commonwealth of Kentucky has made to or on behalf of petitioner from
the date of his eligibility for benefits through the date of judgment in this case as a result of his
alleged vaccine-related injury suffered on or about May 18, 2017, under Title XIX of the Social
Security Act. Petitioner agrees to endorse this check to the Commonwealth of Kentucky.
2

Case 1:18-vv-00662-UNJ Document 46 Filed 03/24/20 Page 5 of 8
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has flied both a proper and timely election to receive compensation pursuant to 42 U.S.C.
§ 300aa-2l(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.
I 0. Petitioner and his 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.
1 I . Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation 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 attorneys' 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-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual
capacity, and on behalf of his 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,
3

Case 1:18-vv-00662-UNJ Document 46 Filed 03/24/20 Page 6 of 8
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
l O 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 Tdap vaccination administered on or around May 18, 2017, as alleged by petitioner in a
petition for vaccine compensation filed on or about May I 0, 2018, in the United States Court of
Federal Claims as petition No. 18-662V.
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. lfthe 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 confonnity 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 otheiwise noted 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.
4

Case 1:18-vv-00662-UNJ Document 46 Filed 03/24/20 Page 7 of 8
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap vaccine caused petitioner's alleged right
shoulder injury, or any other injury or 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
5

Case 1:18-vv-00662-UNJ Document 46 Filed 03/24/20 Page 8 of 8
Respectfully submitted,
PETITIONER:
BRENTPYLS
ATTORNEY OF RECORD FOR AUTHORIZED REPRSENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
JO ICHOWIE, JR.
Howie Law, P.C.
2608 Hibernia Street
Dallas, Texas Civil Division
(214) 622-6340 U.S. Department of Justice
(214) 622-6341 fax P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
TAMARA OVERBY
Acting Director, Division of Injury Trial Attorney
Compensation Programs (DICP) Torts Branch
Healthcare Systems Bureau Civil Division
Health Resources and Services Administration U.S. Department of Justice
U.S. Department of Health and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08N 146B Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-3644
Dated: _ ~_/ /__/ ._/--J=- -0_ _
6