VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00228 Package ID: USCOURTS-cofc-1_22-vv-00228 Petitioner: Brendan Bixel Filed: 2022-03-01 Decided: 2023-10-04 Vaccine: influenza Vaccination date: 2020-09-16 Condition: neurological injury, including peripheral neuropathy, radial neuritis, and complex regional pain syndrome Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Brendan Bixel filed a petition on March 1, 2022, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a neurological injury, including peripheral neuropathy, radial neuritis, and complex regional pain syndrome, as a result of an influenza vaccine he received on September 16, 2020. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Bixel's alleged injuries or their residual effects. Despite maintaining their respective positions, both parties entered into a joint stipulation to settle the case. Special Master Katherine E. Oler reviewed the stipulation and found it to be reasonable, adopting it as the decision. The stipulation awarded Brendan Bixel a lump sum of $100,000.00, payable by check to the petitioner, as compensation for all available damages. The decision was issued on October 4, 2023. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Andrew Downing represented the petitioner, and Andrew Henning represented the respondent. Theory of causation field: Petitioner Brendan Bixel alleged an "Off-Table" theory of causation, claiming a neurological injury, including peripheral neuropathy, radial neuritis, and complex regional pain syndrome, resulted from an influenza vaccine administered on September 16, 2020. The respondent denied causation. The parties entered into a joint stipulation to settle the case, which was deemed reasonable by Special Master Katherine E. Oler. The stipulation resulted in an award of $100,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered in reaching the settlement. The decision date was October 4, 2023, with the petition filed on March 1, 2022. Petitioner counsel was Andrew Downing, and respondent counsel was Andrew Henning. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00228-0 Date issued/filed: 2023-10-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/29/2023) regarding 34 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00228-UNJ Document 40 Filed 10/04/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-228 Filed: August 29, 2023 * * * * * * * * * * * * * * * * * * * * * * * * * * * * BRENDAN BIXEL, * * Petitioner, * * * v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Andrew Downing, Downing, Allison & Jorgenson, Phoenix, AZ, for Petitioner Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On March 1, 2022, Brendan Bixel (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges he suffered from a neurological injury, including peripheral neuropathy, radial neuritis, and complex regional pain syndrome as a result of the influenza (“flu”) vaccination he received on September 16, 2020. See Stipulation ¶ 2, 4, dated August 29, 2023 (ECF No. 33); see also Petition. Respondent denies “that petitioner’s alleged injuries or their residual effects were caused- 1 Because this Decision contains a reasoned explanation for the action 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 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:22-vv-00228-UNJ Document 40 Filed 10/04/23 Page 2 of 7 in-fact by the flu vaccine; and denies that the flu vaccine caused petitioner any other injury or petitioner’s current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed August 29, 2023 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a lump sum of $100,000.00 in the form of a check payable to petitioner. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 2 Case 1:22-vv-00228-UNJ Document 40 Filed 10/04/23 Page 3 of 7 Case 1:22-vv-00228-UNJ Document 40 Filed 10/04/23 Page 4 of 7 Case 1:22-vv-00228-UNJ Document 40 Filed 10/04/23 Page 5 of 7 Case 1:22-vv-00228-UNJ Document 40 Filed 10/04/23 Page 6 of 7 Case 1:22-vv-00228-UNJ Document 40 Filed 10/04/23 Page 7 of 7