VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01027
Package ID: USCOURTS-cofc-1_20-vv-01027
Petitioner: Victor Haughton
Filed: 2020-08-17
Decided: 2022-08-29
Vaccine: influenza
Vaccination date: 2017-09-27
Condition: right brachial plexopathy, shoulder instability, and Parsonage Turner syndrome (brachial neuritis)
Outcome: compensated
Award amount USD: 12500

AI-assisted case summary:
Victor Haughton filed a petition for vaccine compensation on August 17, 2020, alleging that he suffered right brachial plexopathy, shoulder instability, and Parsonage Turner syndrome (brachial neuritis) as a result of his influenza vaccination on September 27, 2017. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused these alleged injuries. Despite this denial, the parties filed a joint stipulation on July 27, 2022, agreeing to settle the case and award compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision of the court. Victor Haughton was awarded a lump sum of $12,500.00 as compensation for all damages available under the Vaccine Act. This award represents a settlement of liability and damages, and the stipulation explicitly states it is not an admission by the United States that the flu vaccine caused the petitioner's injuries. Petitioner was represented by Mark Theodore Sadaka of the Law Offices of Sadaka Associates, LLC. Respondent was represented by Mark Kim Hellie of the U.S. Department of Justice. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the medical expert witnesses involved in this case.

Theory of causation field:
Petitioner Victor Haughton received an influenza vaccine on September 27, 2017, and subsequently alleged injury in the form of right brachial plexopathy, shoulder instability, and Parsonage Turner syndrome. Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. The stipulation states that the flu vaccine is a vaccine contained in the Vaccine Injury Table. The public decision does not detail the specific theory of causation, expert testimony, or the mechanism of injury. The parties agreed to a settlement, and Chief Special Master Brian H. Corcoran awarded compensation. The award was a lump sum of $12,500.00. The stipulation, dated July 27, 2022, and the decision, dated August 29, 2022, were entered by Chief Special Master Brian H. Corcoran. Petitioner was represented by Mark Theodore Sadaka, and Respondent was represented by Mark Kim Hellie.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01027-0
Date issued/filed: 2022-08-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/28/2022) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (Eagen, Kevin) Service on parties made.
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Case 1:20-vv-01027-UNJ Document 44 Filed 08/29/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1027V
UNPUBLISHED
VICTOR HAUGHTON, Chief Special Master Corcoran
Petitioner, Filed: July 28, 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.
Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for
Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On August 17, 2020, Victor Haughton 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 right brachial plexopathy, shoulder
instability, and Parsonage Turner syndrome (brachial neuritis) as a result of his
September 27, 2017 influneza (“flu”) vaccination. Petition at 1; Stipulation, filed at July
27, 2022, ¶¶ 1-2,4. 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 ¶¶ 2, 10, 13. “Respondent denies
that that the flu vaccine caused [P]etitioner’s alleged right shoulder brachial plexopathy
right shoulder instability, Parsonage Tuner syndrome, 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 1:20-vv-01027-UNJ Document 44 Filed 08/29/22 Page 2 of 7
Nevertheless, on July 27, 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 $12,500.00 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 1:20-vv-01027-UNJ Document 44 Filed 08/29/22 Page 3 of 7
3Jn tbe mniteb $tates Qtourt of jfe beral Qtlaims
OFFICE OF SPECIAL MASTERS
VICTOR HAUGHTON,
Petitioner,
Case No. 20-1027V (ECF)
V. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Victor Haughton, 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 the 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 vaccine on September 27, 2017.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he suffered from right shoulder brachia I plexopathy, right
shoulder instability, and Parsonage Turner syndrome after receiving the flu vaccine, and alleges
that he experienced the residual effects of these conditions for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civ ii
action for damages on his behalf as a result of his alleged injuries.

Case 1:20-vv-01027-UNJ Document 44 Filed 08/29/22 Page 4 of 7
6. Respondent denies that the flu vaccine caused petitioner's alleged right shoulder
brach ial plexopathy, right shoulder instability, Parsonage Turner syndrome, any 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 ofj udgment 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)(I), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $12,500.00 in the form of a check payable to petitioner. This amount
represents compensation for all damages that wou Id be available under
42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry ofj udgment 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)( I), 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.
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-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-01027-UNJ Document 44 Filed 08/29/22 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-l 5(i), subject to the availability of sufficient statutory funds.
t 2. 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-l5(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-IO 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 September 27, 2017,
as alleged by petitioner in a petition for vaccine compensation filed on or about August 17, 2020,
in the United States Court of Federal Claims as petition No. 20-1027V.
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 parties.
3

Case 1:20-vv-01027-UNJ Document 44 Filed 08/29/22 Page 6 of 7
I 5. If the special master fails to issue a decision in complete confonnity with the
tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity
with a decision that is in complete confonnity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
I 6. 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's alleged right
shou Ider injury or any other injury or his current condition.
I 8. 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-01027-UNJ Document 44 Filed 08/29/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
VICTOR HAUGHTON
~A:TT_OR_NE-Y -OF- R-EC~OR-D -FO-R- - AUTHORIED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~4<.t~ \4-f?e~
MARK T. SADAKA HEATHER L. PEARLMAN
Counsel for Petitioner Deputy Director
Sadaka Associates, LLC Torts Branch, Civil Division
155 North Dean Street, 4th Floor U.S. Department of Justice
Englewood, NJ 07631 P.O. Box 146
mark@sadakafinn.com Benjamin Franklin Station
(20 I) 266-5670 Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTONEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes -
DlgltallysignedbyGeorgeR.
Grimes-S14
S1 4
Date: 2022.07.13 14:13:53 -04'00'
CDR GEORGE REED GRIMES, MD, MPH MARK K. HELLIE
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and P.O. Box 146
Services Administration Benjamin Franklin Station
U.S. Department of Health and Washington, DC 20044-0146
Human Services mark.hellie@usdoj.gov
5600 Fishers Lane, 08N 146B (202) 616-4208
Rockville, MD 20857
7- 7 -
'Z,. 7,0 2-"2-
Dated:
5