VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00571
Package ID: USCOURTS-cofc-1_20-vv-00571
Petitioner: Kenneth Bryson
Filed: 2021-12-21
Decided: 2022-01-24
Vaccine: influenza
Vaccination date: 2018-10-30
Condition: vaccine-induced left side neuralgic amyotrophy (a/k/a Parsonage Turner Syndrome), left side brachial plexus disorder and left upper limb carpal tunnel syndrome
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Kenneth Bryson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered left arm injuries, including Parsonage Turner Syndrome, as a result of an influenza vaccine he received on October 30, 2018. He claimed the vaccine-induced left side neuralgic amyotrophy, left side brachial plexus disorder, and left upper limb carpal tunnel syndrome. Respondent denied that the flu vaccine caused or aggravated his injuries. Despite this denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Mr. Bryson a lump sum of $50,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, as the influenza vaccine is listed on the Vaccine Injury Table. The stipulation also noted that attorneys' fees and costs would be sought in further proceedings. Mr. Bryson released the United States and the Secretary of Health and Human Services from all claims related to the alleged vaccine injury in exchange for the payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00571-0
Date issued/filed: 2022-01-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/21/2021) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00571-UNJ Document 47 Filed 01/24/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0571V
UNPUBLISHED
KENNETH BRYSON, Chief Special Master Corcoran
Petitioner, Filed: December 21, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Parsonage Turner
Syndrome
Respondent.
Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for
Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 7, 2020, Kenneth Bryson 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 left arm injuries, including Parsonage
Turner Syndrome, as a result of an influenza (“flu”) vaccine he received on October 30,
2018. Petition at 1; Stipulation, filed at December 21, 2021, ¶¶ 2, 4. Petitioner further
alleges that he suffered the effects of his injury for more than six months and has not
received any prior award or compensation for his injury. Petition at ¶¶ 15; Stipulation at
¶¶ 4-5. Respondent “denies that the flu vaccine caused or significantly aggravated
Petitioner’s alleged injuries or any other injury, and denies that Petitioner’s current
condition is a sequela of a vaccine-related injury.” 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 1:20-vv-00571-UNJ Document 47 Filed 01/24/22 Page 2 of 7
Nevertheless, on December 21, 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 $50,000.00 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-00571-UNJ Document 47 Filed 01/24/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KENNETH BRYSON,
Petitioner, No. 20-571 V (ECF)
Chief Special Master Corcoran
V.
SECRETARY OF HEAL TH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Kenneth Bryson ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine. This vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a)(14).
2. Petitioner received a flu vaccine on October 30, 2018.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered_" vaccine-induced left side neuralgic amyotrophy
(a/k/a Parsonage Turner Syndrome), left side brachia! plexus disorder and left upper limb carpal
tunnel syndrome that were either 'caused-in-fact' by the above-stated vaccination or, in the
alternative, significantly aggravated by the above-stated vaccination[]." Petitioner further alleges
that he experienced the residual effects of these conditions for more than six months.

Case 1:20-vv-00571-UNJ Document 47 Filed 01/24/22 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a resu It of his ~lleged injury.
6. Respondent denies that the flu vaccine caused or significantly aggravated petitioner's
alleged injuries or any other injury, and denies that petitioner's current condition is a sequela of a
vaccine-related injury.
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-2 I (a)(!), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $50,000.00 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-l 5(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-21 (a)(!), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incu1red in proceeding upon this
petition.
I 0. 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-15(g), to the extent that payment has been made or can reasonably be
2

Case 1:20-vv-00571-UNJ Document 47 Filed 01/24/22 Page 5 of 7
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 (4 2 U .S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
I I. Payment made pursuant to paragraph 8 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 attorney's fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used sole"ly for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(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 b_rought, 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-l Oe t 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 vaccine administered on October 30, 2018, as
alleged in a petition for vaccine compensation filed on or about May 7, 2020, in the United
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Case 1:20-vv-00571-UNJ Document 47 Filed 01/24/22 Page 6 of 7
States Court of Federal Claims as petition No. 20-571 V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the pa11ies.
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 fu11her 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 or significantly aggravated
petitioner's alleged injuries or any other injury or his current disabilities, or that petitioner
suffered an injury contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:20-vv-00571-UNJ Document 47 Filed 01/24/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
'M-R~\6 f l ~
MARK T. SADAK.A HEATHER L. PEARLMAN
Sadaka Associates, LLC Deputy Director
155 North Dean Street, 4th Floor Torts Branch
Englewood, NJ 07631 Civil Division
Email: mark@sadakafirm.com U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
,Sa......Q..V') ~ ~ l~
z;;a& z;;~Sc.-1 A/J~tf61., ~~~LPe~
~ I
TAMARA OVERBY SARAH B. RIFKIN
Acting Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08Nl46B Tel: (202) 305-5997
Rockville, MD 20857 Email: sarah.rifkin@usdoj.gov
Dated: ri/2,.1 )zoz. I
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