VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01848 Package ID: USCOURTS-cofc-1_19-vv-01848 Petitioner: Mark Thoma Filed: 2019-12-06 Decided: 2022-07-14 Vaccine: influenza Vaccination date: 2017-01-17 Condition: brachial neuritis (Parsonage-Turner Syndrome) and phrenic neuritis Outcome: compensated Award amount USD: 110000 AI-assisted case summary: Mark Thoma filed a petition on December 6, 2019, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered brachial neuritis, also known as Parsonage-Turner Syndrome, and phrenic neuritis as a result of an influenza vaccine he received on January 17, 2017. Mr. Thoma stated that the vaccine was administered in the United States and that he experienced residual effects from his condition for more than six months. He also affirmed that he had not previously received an award or settlement for this condition and that no civil action had been filed on his behalf. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Thoma's brachial neuritis, phrenic neuritis, or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on July 14, 2022, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. He awarded Mark Thoma a lump sum of $110,000.00, payable to the petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. Petitioner's counsel was Andrew Donald Downing of Downing, Allison & Jorgenson, and respondent's counsel was Alexis B. Babcock of the U.S. Department of Justice. Theory of causation field: Petitioner Mark Thoma alleged that an influenza vaccine received on January 17, 2017, caused brachial neuritis (Parsonage-Turner Syndrome) and phrenic neuritis. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $110,000.00 to the petitioner. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied the vaccine caused the alleged conditions. The award was based on a stipulation, not a finding of causation after litigation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01848-0 Date issued/filed: 2022-08-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/14/2022) regarding 43 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01848-UNJ Document 50 Filed 08/19/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1848V UNPUBLISHED MARK THOMA, Chief Special Master Corcoran Petitioner, Filed: July 14, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Brachial Neuritis (Parsonage-Turner Syndrome); Respondent. Phrenic Neuritis Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 6, 2019, Mark Thoma 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 brachial neuritis (Parsonage-Turner Syndrome) as a result of an influenza (“flu”) vaccine received on January 17, 2017. Petition at 1, 3, 5; Stipulation, filed July 14, 2022, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, he experienced the residual effects of his injury for more than six months, and there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Petition at ¶¶ 4, 15; Stipulation at ¶¶ 3-5; Ex. 4 at 86. “Respondent denies that the flu vaccine caused petitioner to develop brachial neuritis (Parsonage-Turner Syndrome) or phrenic neuritis, and further denies that the flu vaccine caused petitioner to suffer from any other injury or his current condition.” Stipulation at ¶ 6. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §300aa (2012). Case 1:19-vv-01848-UNJ Document 50 Filed 08/19/22 Page 2 of 7 Nevertheless, on July 14, 2022, 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 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 lump sum of $110,000.00 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 Section 15(a). 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 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 1:19-vv-01848-UNJ Document 50 Filed 08/19/22 Page 3 of 7 Case 1:19-vv-01848-UNJ Document 50 Filed 08/19/22 Page 4 of 7 Case 1:19-vv-01848-UNJ Document 50 Filed 08/19/22 Page 5 of 7 Case 1:19-vv-01848-UNJ Document 50 Filed 08/19/22 Page 6 of 7 Case 1:19-vv-01848-UNJ Document 50 Filed 08/19/22 Page 7 of 7