Brian Lang v. HHS - Influenza, brachial neuritis (2021)
Case summary [AI summaries can sometimes make mistakes]
On March 26, 2020, Brian Lang filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from brachial neuritis (also known as Parsonage-Turner syndrome) as a result of an influenza vaccination he received on October 28, 2018. Mr.
Lang stated that the vaccination was administered in the United States and that he experienced residual effects from the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr.
Lang's alleged brachial neuritis or any other injury. Despite this denial, the parties reached a joint stipulation on May 25, 2021, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision of the court.
As per the stipulation, Brian Lang was awarded a lump sum of $100,000.00, payable by check, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was entered on July 12, 2021.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Catherine Elizabeth Stolar of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Brian Lang received an influenza vaccine on October 28, 2018, and subsequently alleged brachial neuritis (Parsonage-Turner syndrome). Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case, and Chief Special Master Brian H. Corcoran adopted the stipulation. The case was resolved via a "Table" theory, as the influenza vaccine is listed in the Vaccine Injury Table for brachial neuritis. Brian Lang was awarded $100,000.00 as a lump sum. The stipulation, dated May 25, 2021, and the decision, dated July 12, 2021, do not detail specific medical experts, clinical findings, or the mechanism of injury beyond its inclusion in the Table. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Catherine Elizabeth Stolar.
Source PDFs
USCOURTS-cofc-1_20-vv-00347