VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01467 Package ID: USCOURTS-cofc-1_18-vv-01467 Petitioner: Tim L. Lisk Filed: 2018-09-24 Decided: 2024-10-07 Vaccine: influenza Vaccination date: 2015-10-14 Condition: right-sided Parsonage-Turner Syndrome, brachial plexopathy, and/or brachial neuritis Outcome: compensated Award amount USD: 212500 AI-assisted case summary: Tim L. Lisk filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered right-sided Parsonage-Turner Syndrome, brachial plexopathy, and/or brachial neuritis as a result of his October 14, 2015 influenza vaccination. He claimed that these conditions caused residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged conditions or any other injury. Despite the denial, the parties filed a joint stipulation for compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Tim L. Lisk was awarded a lump sum of $212,500.00, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on October 7, 2024, following the petition filed on September 24, 2018. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01467-0 Date issued/filed: 2024-11-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/7/2024) regarding 97 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (ksb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01467-UNJ Document 101 Filed 11/04/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1467V Filed: October 7, 2024 TIM L. LISK, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On September 24, 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 suffered right-sided Parsonage-Turner Syndrome, brachial plexopathy, and/or brachial neuritis as a result of his October 14, 2015 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed October 7, 2024, at ¶¶ 2, 4. Petitioner further alleges that he has experienced the residual effects of his condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of his condition, and that his vaccine was administered in the United States. Petition at 7; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s alleged Parsonage-Turner syndrome, brachial plexopathy, and/or brachial neuritis; denies that the flu vaccine caused petitioner to suffer from any other injury or his current condition; and denies that petitioner sustained a Table injury.” Stipulation at ¶ 6. 1 Because this document contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the document 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-01467-UNJ Document 101 Filed 11/04/24 Page 2 of 7 Nevertheless, on October 7, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt 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, I award the following compensation: A lump sum of $212,500.00 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. 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/Daniel T. Horner Daniel T. Horner 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-01467-UNJ Document 101 Filed 11/04/24 Page 3 of 7 Case 1:18-vv-01467-UNJ Document 101 Filed 11/04/24 Page 4 of 7 Case 1:18-vv-01467-UNJ Document 101 Filed 11/04/24 Page 5 of 7 Case 1:18-vv-01467-UNJ Document 101 Filed 11/04/24 Page 6 of 7 Case 1:18-vv-01467-UNJ Document 101 Filed 11/04/24 Page 7 of 7