# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18 - 662 V UNPUBLISHED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 STIPULATION 1 

### 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 th is condition for more than six months . Petit ion at 7 ; Stipulation at ¶ 4

. “ Respondent denies that Petitioner su stained a SIRVA Table injury; denies that the vaccine caused Petitioner ’ s alleged shoulder injuries, or any other injury; and d enies tha t his current condition is a sequelae of a vaccine
- related injury. ” Stipulation at ¶ 6. Nevertheless, o n 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 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 “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2 

### stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the term s 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 P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available under § 15 (a). Id

. (b) A lump sum of $4,545.87 representing reimbursement of the Commonwealth of Kentucky Me dicaid 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 Commonwea lth of Kentucky. Id. I approve the requested amount for P etitioner’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 ofjudgment 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.

29. 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,

3judgments, 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 ofjudgment, 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.

417. 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

5Respectfully 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:

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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