VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00359
Package ID: USCOURTS-cofc-1_21-vv-00359
Petitioner: Erik Vangsness
Filed: 2021-01-08
Decided: 2024-07-19
Vaccine: Tdap
Vaccination date: 2018-07-09
Condition: shoulder injury related to vaccine administration (SIRVA) and brachial neuritis (BN)
Outcome: compensated
Award amount USD: 42500

AI-assisted case summary:
Erik Vangsness filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on July 9, 2018. He later amended his petition on April 25, 2022, to also allege brachial neuritis (BN) from the same vaccine. The Tdap vaccine is listed on the Vaccine Injury Table. Mr. Vangsness alleged that the vaccination was administered within the United States and that he experienced residual effects of the SIRVA for more than six months. He also represented that neither he nor any other party had filed a civil action or received compensation for the alleged vaccine-caused injuries. The Respondent denied that the Tdap vaccine caused Mr. Vangsness's alleged brachial neuritis, previously alleged SIRVA, or any other injury or current condition. The parties, maintaining their respective positions, reached a joint stipulation to settle the case, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Mr. Vangsness was awarded a lump sum of $42,500.00, payable to him, as compensation for all items of damages. The decision was filed on July 19, 2024. Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Mark Kim Hellie of the U.S. Department of Justice.

Theory of causation field:
Petitioner Erik Vangsness alleged injury from a Tdap vaccine received on July 9, 2018. The initial petition alleged a shoulder injury related to vaccine administration (SIRVA), a condition listed on the Vaccine Injury Table. An amended petition alleged brachial neuritis (BN) from the same vaccine. Respondent denied causation for both alleged injuries. The parties reached a joint stipulation to settle the case, agreeing to an award of $42,500.00. The stipulation does not detail specific medical experts, clinical findings, or a mechanism of injury beyond the general allegations of SIRVA and BN. The decision, issued by Chief Special Master Brian H. Corcoran on July 19, 2024, adopted the stipulation as the award. Petitioner was represented by John Robert Howie, and Respondent by Mark Kim Hellie.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00359-0
Date issued/filed: 2024-07-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/18/2024) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00359-UNJ Document 50 Filed 07/19/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0359V
ERIK VANGSNESS, Chief Special Master Corcoran
Petitioner, Filed: June 18, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 8, 2021, Erik Vangsness filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”), alleging that he suffered a shoulder injury related to vaccine administration
(“SIRVA”), a defined Table injury, after receiving a tetanus, diphtheria, acellular pertussis
(“Tdap”) vaccine on July 9, 2018. Petition at 1, ¶¶ 1, 24-25. On April 25, 2022, Petitioner
filed an amended petition, alleging that he suffered brachial neuritis (“BN”) after receiving
the Tdap vaccine. Amended Petition at 1, ¶¶ 1, 26; Stipulation, filed June 12, 2024, ¶¶ 1-
2, 4. Petitioner further alleges that he received the vaccine within the United States, that
he suffered the residual effects of the SIRVA for more than six months, and that neither
he nor any other party has filed a civil action or received compensation for the SIRVA,
alleged as vaccine caused. Petition at ¶¶ 1, 24-25, 27; Stipulation at ¶¶ 3-5. “Respondent
denies that the Tdap vaccine caused [P]etitioner alleged BN, previously-alleged SIRVA,
any other injury, or his current condition.” Stipulation at ¶ 6.
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:21-vv-00359-UNJ Document 50 Filed 07/19/24 Page 2 of 7
Nevertheless, on June 12, 2024, 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 $42,500.00 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 1:21-vv-00359-UNJ Document 50 Filed 07/19/24 Page 3 of 7
Jf n tbe fflniteb ~tates <!Court of jfe beral <!Claims
OFFICE OF SPECIAL MASTERS
ERIK V ANGSNESS,
Petitioner,
Case No. 2 l-359V (ECF)
V. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Erik Vangsness, 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 the tetanus, diphtheria, and acellular pertussis ("Tdap") vaccine, which is a vaccine contained
in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the Tdap vaccine on July 9, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges in his amended petition that he_.suffered from brachia! neuritis
("BN") within the Table time period after receiving the Tdap vaccine, and alleges that he
experienced the residual effects of this injury for more than six months. 1
1 In his petition, petitioner asserted that the Tdap vaccine caused a left shoulder injury related to
vaccine administration ("SIRVA") under the Table.
---·- ------- ·---------------------------------

Case 1:21-vv-00359-UNJ Document 50 Filed 07/19/24 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 result of his alleged injuries.
6. Respondent denies that the Tdap vaccine caused petitioner's alleged BN,
previously-alleged SIRVA, any other injury, or his cun-ent 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 $42,500.00 in the fonn 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 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)(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-15(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
2

Case 1:21-vv-00359-UNJ Document 50 Filed 07/19/24 Page 5 of 7
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.
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-I 5(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-15(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 al I 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-I 0 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 Tdap vaccination administered on July 9, 2018, as
alleged by petitioner in his petition for vaccine compensation filed on or about January 8, 2021
or his amended petition filed on or about April 25, 2022, in the United States Court of Federal
Claims, as petition No. 21-359V.
3

Case 1:21-vv-00359-UNJ Document 50 Filed 07/19/24 Page 6 of 7
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.
15. If the special master fails to issue a decision in complete confom1ity with the
terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity
with a decision that is in complete confonnity with the tenns 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 Tdap vaccine caused petitioner's alleged BN,
alleged left shoulder SIRVA, 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
4

Case 1:21-vv-00359-UNJ Document 50 Filed 07/19/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
ERIK VA NGSNESS
ATTORNEY OF RECORD FOR AUTHORIED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~t.~\j,,
~ 6 '
J~ JR HEATHER L. PEARLMAN '---
Counsel for Petitioner Deputy Director
Howie Law, P.C. Torts Branch, Civil Division
2608 Hibernia Street U.S. Department of Justice
Dallas, TX 75204 P.O. Box 146
jhowie@howielaw.net Benjamin Franklin Station
(214) 622-6340 Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE AT TONEY OF RECORD FOR
OF THE SECRET ARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
Je ff re y s s '
Be aC h _ Dlg,t•lly s,gned by Jeff,ey S. Beoch -S
D,Jte: 2014.0SJ l 14:08:22 .04'()()'
for
CDR GEORGE REED GRIMES, MD, MPH MARK K. HELLlE
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. hel 1i e@usdoj.gov
5600 Fishers Lane, 08W-25A (202) 616-4208
Rockville, MD 20857
I - f 'j
1..,- "') 0 '"}
Dated: ll (., v
-------------
5