VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00376 Package ID: USCOURTS-cofc-1_20-vv-00376 Petitioner: Kenneth Clark Filed: 2025-03-04 Decided: 2025-03-31 Vaccine: influenza Vaccination date: 2018-09-29 Condition: Bell's palsy and hearing loss Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Kenneth Clark filed a petition for compensation under the National Vaccine Injury Compensation Program on March 4, 2025, alleging he suffered Bell's palsy and hearing loss after receiving an influenza vaccine on September 29, 2018. The respondent denied that the vaccine caused his injuries. Despite the denial, the parties reached a settlement. On March 3, 2025, they filed a joint stipulation agreeing to resolve the case. The respondent agreed to pay a lump sum of $100,000.00 as compensation for all available damages, to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation, directing the clerk to enter judgment accordingly. The decision was made publicly accessible as required by law, with provisions for redacting private information. Petitioner's counsel was Timothy Mason, Esq., and respondent's counsel was Felicia Langel, Esq. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Kenneth Clark alleged Bell's palsy and hearing loss following an influenza vaccine on September 29, 2018. Respondent denied causation. The parties reached a stipulation for settlement. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The settlement awarded a lump sum of $100,000.00 for all damages. Special Master Mindy Michaels Roth issued the decision on March 31, 2025. Petitioner's counsel was Timothy Mason, Esq., and respondent's counsel was Felicia Langel, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00376-0 Date issued/filed: 2025-03-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/4/2025) regarding 71 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00376-UNJ Document 75 Filed 03/31/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-376V Filed: March 4, 2025 * * * * * * * * * * * * * KENNETH CLARK, * * Petitioner, * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Timothy Mason, Esq., Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for petitioner. Felicia Langel, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On April 2, 2020, Kenneth Clark (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he suffered Bell’s palsy and hearing loss after receiving an influenza (“flu”) vaccine on September 29, 2018. Stipulation, filed Mar. 3, 2025, at ¶¶ 1-4. Respondent denies that the flu vaccine caused petitioner’s injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On March 3, 2025, the parties filed a joint stipulation3 agreeing to settle this case and describing the settlement terms. ECF No. 70. Respondent agrees to issue the following payment: 1 Because this Decision 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 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 (2018). 3 The last page of the attached stipulation originally contained a Docusign form (an electronic signature verification), which included personal information regarding the petitioner (name, email, phone number, IP address). To avoid the unnecessary disclosure of this information, the Docusign form has been omitted. 1 Case 1:20-vv-00376-UNJ Document 75 Filed 03/31/25 Page 2 of 7 A lump sum of $100,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. This amount represents compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:20-vv-00376-UNJ Document 75 Filed 03/31/25 Page 3 of 7 Case 1:20-vv-00376-UNJ Document 75 Filed 03/31/25 Page 4 of 7 Case 1:20-vv-00376-UNJ Document 75 Filed 03/31/25 Page 5 of 7 Case 1:20-vv-00376-UNJ Document 75 Filed 03/31/25 Page 6 of 7 Case 1:20-vv-00376-UNJ Document 75 Filed 03/31/25 Page 7 of 7