VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00347
Package ID: USCOURTS-cofc-1_20-vv-00347
Petitioner: Brian Lang
Filed: 2020-03-26
Decided: 2021-07-12
Vaccine: influenza
Vaccination date: 2018-10-28
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00347-0
Date issued/filed: 2021-07-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/28/2021) regarding 33 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00347-UNJ Document 37 Filed 07/12/21 Page 1 of 7
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-347V
UNPUBLISHED
BRIAN LANG, Chief Special Master Corcoran
Petitioner, Filed: May 28, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Brachial Neuritis
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
On March 26, 2020, Brian Lang 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 from brachial neuritis (also known as Parsonage
Turner syndrome) as a result of his October 28, 2018 influneza (“flu”) vaccination. Petition
at 1; Stipulation, filed at May 25, 2021, ¶¶ 2, 4. Petitioner further alleges the vaccine was
administered within the United States, that he suffered the residual effects of his injury for
more than six months, and that there has been no prior award or settlement of a civil
action on his behalf as a result of his injury. Stipulation at ¶¶ 3, 5; see Petition at ¶¶ 17-
18. “Respondent denies that the vaccine caused petitioner’s alleged brachial neuritis or
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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:20-vv-00347-UNJ Document 37 Filed 07/12/21 Page 2 of 7
Nevertheless, on May 25, 2021, 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 $100,000.00 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 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 1:20-vv-00347-UNJ Document 37 Filed 07/12/21 Page 3 of 7
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BRIAN LANG, )
)
Petitioner, )
) No. 20-347V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Brian Lang, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of an
influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § I 00.3 (a).
2. Petitioner received the flu vaccine on October 28, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he suffered from brachia) neuritis as a result of receiving the flu
vaccine.1
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.
6. Respondent denies that the vaccine caused petitioner's alleged brachia) neuritis or any
1 Brachia! neuritis is also known as Parsonage-Turner Syndrome.

Case 1:20-vv-00347-UNJ Document 37 Filed 07/12/21 Page 4 of 7
other injury or his current condition.
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-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $100,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 l (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.
10. 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-l 5(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.
2

Case 1:20-vv-00347-UNJ Document 37 Filed 07/12/21 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation 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-l 5(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, 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-10 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 flu vaccination administered on October 28, 2018, as
alleged by petitioner in a petition for vaccine compensation filed on or about March 26, 2020, in
the United States Court of Federal Claims as petition No. 20-347V.
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.
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Case 1:20-vv-00347-UNJ Document 37 Filed 07/12/21 Page 6 of 7
15. If the 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 conformity 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 otherwise 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.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner to develop
brachia) neuritis or any other injury or his current 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
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Case 1:20-vv-00347-UNJ Document 37 Filed 07/12/21 Page 7 of 7
Respectfully submiHcd,
BRIAN--t.ANG
,_.,,-/
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PET 10 ER: OF THE ATTORNEY GENERAL:
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tu ,
HEATHER L. PEARLMAN
Counsel r Petitioner Acting Deputy Director
CONWAY HOMER, P.C. Torts Branch, Civil Division
16 Shawmut Street U.S. Department of Justice
Boston, Massachusetts 02116 P.O. Box 146
Tel.: (617) 695-1990 Benjamin Franklin Station
Fax: (617) 695-0880 Washington, DC 20044-0146
rhomer@ccandh.com
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
v~ (_,~ ~ ~
C,A PT D tLU,, fvf ~ J D HS fer 'oy tie~LPe~
TAMARA OVERBY CATIIERINE E. STOLAR
Acting Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Healthcare Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0 I 46
and Human Services Tel.: (202) 353-3299
5600 Fishers Lane, 08N 146B Fax: (202) 616-4310
Rockville, MD 20857 Email: catherine.stolar@usdoj.gov
h:;
Dated: OS }zgz, I
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