In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-662V

UNPUBLISHED

BRENT PYLES,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: February 13, 2020

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Tetanus 

Diphtheria acellular Pertussis (Tdap) 

Vaccine; Shoulder Injury Related to 

Vaccine Administration (SIRVA)

John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.

Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On May 10, 2018, Brent Pyles 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 a shoulder injury related to vaccine 

administration (“SIRVA”). Petition at 1; Stipulation, filed February 11, 2020, at ¶ 4. 

Petitioner further alleges he experienced the residual effects of this condition for more 

than six months. Petition at 7; Stipulation at ¶ 4. “Respondent denies that Petitioner 

sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged 

shoulder injuries, or any other injury; and denies that his current condition is a sequelae 

of a vaccine-related injury. ” Stipulation at ¶ 6. 

Nevertheless, on February 11, 2020, the parties filed the attached joint 

stipulation, stating that a decision should be entered awarding compensation. I find the 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 EGovernment 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
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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) A lump sum of $45,000 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 § 15(a). Id. 

(b) A lump sum of $4,545.87 representing reimbursement of the 

Commonwealth of Kentucky Medicaid lien, in the form of a check 

payable jointly to Petitioner and 

Equian, LLC

Member: Brent Pyles

File No.: 852853-177017

P.O. Box 32140

Louisville, Kentucky 40232-2140

Petitioner agrees to endorse this payment to the Commonwealth of Kentucky. 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

BRENT PYLES, ) 

) 

Petitioner, 

v. 

' ) 

) 

) 

No. 18-662V 

SECRETARY OF HEALTH AND HUMAN )) 

SERVICES, ) 

Chief Special Master Corcoran 

ECF 

_______________ 

Respondent. ) ) 

STIPULATION 

The parties hereby stipulate to the following matters: 

1. Brent Pyles, petitioner, filed a petition for vaccine compensation under the National 

Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 et seq. {the "Vaccine Program"). 

The petition seeks compensation for injuries related to petitioner's receipt of the tetanus, 

diphtheria, acellular pertussis {"Tdap") vaccine, which vaccine is contained in the Vaccine Injury 

Table (the "Table"), 42 C.F .R. § 100.3(a). 

2. Petitioner received the Tdap vaccination on May 18,2017. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that he sustained a Shoulder Injury Related to Vaccine Administration 

("SIRVA") within the time period set forth in the Table, or in the alternative, that his shoulder 

injury was caused by the vaccine. He further alleges that he experienced the residual effects of 

this condition for more than six months. 

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 condition. 
6. Respondent denies that petitioner sustained a SIRVA Table injury;· denies that the 

vaccine caused petitioner's alleged shoulder injuries, or any other injury; and denies that his 

current condition is a sequelae 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 l (a)(I ), the Secretary of Health and Human Services will issue 

the following vaccine compensation payments: 

a. A lump sum of $45,000.00, which amount represents compensation for pain and 

suffering, in the form of a check payable to petitioner; and 

b. A lump sum of $4,545.87 representing reimbursement of the Commonwealth of 

Kentucky Medicaid lien, in the form of a check payable jointly to petitioner and 

Equian, LLC 

Member: Brent Pyles 

File No.: 852853-177017 

P.O. Box 32140 

Louisville, Kentucky 40232-2140 

This lump sum represents full satisfaction of any right of subrogation, assignment, claim, lien, or 

cause of action the Commonwealth of Kentucky may have against any individual as a result of any 

Medicaid payments the Commonwealth of Kentucky has made to or on behalf of petitioner from 

the date of his eligibility for benefits through the date of judgment in this case as a result of his 

alleged vaccine-related injury suffered on or about May 18, 2017, under Title XIX of the Social 

Security Act. Petitioner agrees to endorse this check to the Commonwealth of Kentucky. 

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9. As soon as practicable after the entry of judgment on entitlement in this case, and after 

petitioner has flied both a proper and timely election to receive compensation pursuant to 42 U.S.C. 

§ 300aa-2l(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. 

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 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. 

1 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 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-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, 

3 
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. § 300aal O 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 or around May 18, 2017, as alleged by petitioner in a 

petition for vaccine compensation filed on or about May I 0, 2018, in the United States Court of 

Federal Claims as petition No. 18-662V. 

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. lfthe 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 confonnity 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 otheiwise 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. 

4 
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 right 

shoulder injury, or any other injury or 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 

5 
Respectfully submitted, 

PETITIONER: 

BRENTPYLS 

ATTORNEY OF RECORD FOR 

PETITIONER: 

JO ICHOWIE, JR. 

Howie Law, P.C. 

2608 Hibernia Street 

Dallas, Texas 

(214) 622-6340 

(214) 622-6341 fax 

AUTHORIZED REPRESENTATIVE 

OF THE SECRETARY OF HEALTH 

AND HUMAN SERVICES: 

TAMARA OVERBY 

Acting Director, Division of Injury 

Compensation Programs (DICP) 

Healthcare Systems Bureau 

Health Resources and Services Administration 

U.S. Department of Health and Human Services 

5600 Fishers Lane 

Parklawn Building, Mail Stop 08N 146B 

Rockville, MD 20857 

Dated: _ ~_/ /__._/ /--=-- J 0 __ 

6 

AUTHORIZED REPRSENTATIVE 

OF THE ATTORNEY GENERAL: 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

Trial Attorney 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-3644