VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00567
Package ID: USCOURTS-cofc-1_11-vv-00567
Petitioner: Sandra McCray
Filed: 2011-09-06
Decided: 2014-08-12
Vaccine: influenza
Vaccination date: 
Condition: brachial neuritis, and/or complex regional pain syndrome, and/or carpal tunnel syndrome
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Sandra McCray filed a petition on September 6, 2011, alleging that an influenza vaccination caused her to develop brachial neuritis (BN), and/or complex regional pain syndrome (CRPS), and/or carpal tunnel syndrome (CTS), with residual effects lasting more than six months.

The parties initially filed a stipulation on February 27, 2014, and Chief Special Master Vowell issued a decision awarding $70,000 in compensation. Judgment entered on April 1, 2014. However, on May 14, 2014, the parties filed a Motion for Relief from Judgment due to a mistake in the stipulation amount, accompanied by a corrected stipulation. The prior decision was withdrawn and the judgment was vacated on May 29, 2014.

On June 2, 2014, Chief Special Master Vowell issued a corrected decision based on the revised stipulation. Respondent denied that petitioner's flu vaccination caused her BN, CRPS, CTS, or any other condition. Nonetheless, the parties agreed to settle, and the Special Master adopted the corrected stipulation as the decision of the Court. Petitioner received a lump sum of $75,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On July 7, 2014, the parties filed a stipulation for attorneys' fees and costs. Chief Special Master Vowell awarded $20,000.00, payable jointly to petitioner and her counsel, Irene McLafferty of Messa and Associates, P.C. Petitioner had not personally incurred any litigation costs.

Theory of causation field:
Flu vaccine → BN and/or CRPS and/or CTS. First stipulation Feb 27, 2014 ($70,000) vacated May 29, 2014 (mistake in amount). Revised stipulation June 2, 2014; respondent denied causation; Chief SM Vowell. $75,000 (corrected). Fees $20,000 (Vowell July 8, 2014).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00567-0
Date issued/filed: 2014-03-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/27/2014) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:11-vv-00567-UNJ Document 46 Filed 03/21/14 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 11-567V
Filed: February 27, 2014
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SANDRA MCCRAY, *
*
Petitioner, * Stipulation; Flu Vaccine
v. * Brachial Neuritis;
* Carpal Tunnel Syndrome;
SECRETARY OF HEALTH * Complex Regional Pain
AND HUMAN SERVICES, * ` Syndrome
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Irene McLafferty, Esq., Messa and Associates P.C., Philadelphia, PA for petitioner.
Debra Begley, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
Sandra McCray [“petitioner”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on September 6, 2011. Petitioner alleges that
she developed brachial neuritis [“BN”], and/or complex regional pain syndrome
[“CRPS”], and/or carpal tunnel syndrome [“CTS”], and that these conditions were
caused in fact by a flu vaccination. See Stipulation, filed Feb. 27, 2014, at ¶¶ 2, 4.
Further, petitioner alleges that she experienced residual effects of her injury for more
than six months. Id. Respondent denies that petitioner’s flu vaccine is the cause of her
alleged BN, and/or CRPS, and/or CTS, or any other condition. Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete 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 (2006).

Case 1:11-vv-00567-UNJ Document 46 Filed 03/21/14 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On February 27, 2014,
the parties filed a joint stipulation agreeing to settle this case and describing the
settlement terms.
Respondent agrees to pay petitioner:
A lump sum of $70,000.00 in the form of a check payable to petitioner,
Sandra McCray. This amount represents compensation for all damages that
would be available under § 300aa-15(a).
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

CCaassee 11::1111--vvvv--0000556677--UUNNJJ DDooccuummeenntt 4436 FFiilleedd 0023//2271//1144 PPaaggee 13 ooff 57

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CCaassee 11::1111--vvvv--0000556677--UUNNJJ DDooccuummeenntt 4436 FFiilleedd 0023//2271//1144 PPaaggee 46 ooff 57

CCaassee 11::1111--vvvv--0000556677--UUNNJJ DDooccuummeenntt 4436 FFiilleedd 0023//2271//1144 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_11-vv-00567-2
Date issued/filed: 2014-06-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/02/2014) regarding 51 DECISION Stipulation/Proffer. Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:11-vv-00567-UNJ Document 53 Filed 06/27/14 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 11-567V
Filed: June 2, 2014
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SANDRA MCCRAY, *
*
Petitioner, * Stipulation; Flu Vaccine
v. * Brachial Neuritis;
* Carpal Tunnel Syndrome;
SECRETARY OF HEALTH * Complex Regional Pain
AND HUMAN SERVICES, * ` Syndrome
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Irene McLafferty, Esq., Messa and Associates P.C., Philadelphia, PA for petitioner.
Debra Begley, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
Sandra McCray [“petitioner”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on September 6, 2011. On February 27, 2014,
I issued a decision that awarded compensation based on a joint stipulation filed by the
parties. Judgment entered on April 1, 2014. On May 14, 2014, the parties filed a
Motion for Relief from Judgment and Associated Relief [“Motion for Relief”] due to a
mistake in the stipulation as to the amount of petitioner’s award. They also filed a
corrected stipulation. On May 29, 2014, the parties’ Motion for Relief was granted, my
prior decision was withdrawn, and the prior judgment was vacated.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete 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 (2006).

Case 1:11-vv-00567-UNJ Document 53 Filed 06/27/14 Page 2 of 7
Petitioner alleges that she developed brachial neuritis [“BN”], and/or complex
regional pain syndrome [“CRPS”], and/or carpal tunnel syndrome [“CTS”], and that
these conditions were caused in fact by a flu vaccination. See Revised Joint
Stipulation, filed May 14, 2014, at ¶¶ 2, 4. Further, petitioner alleges that she
experienced residual effects of her injury for more than six months. Id. Respondent
denies that petitioner’s flu vaccine is the cause of her alleged BN, and/or CRPS, and/or
CTS, or any other condition. Revised Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. Respondent agrees to
pay petitioner:
A lump sum of $75,000.00 in the form of a check payable to petitioner,
Sandra McCray. This amount represents compensation for all damages that
would be available under § 300aa-15(a).
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

CCaassee 11::1111--vvvv--0000556677--UUNNJJ DDooccuummeenntt 4593 FFiilleedd 0056//1247//1144 PPaaggee 13 ooff 57

CCaassee 11::1111--vvvv--0000556677--UUNNJJ DDooccuummeenntt 4593 FFiilleedd 0056//1247//1144 PPaaggee 24 ooff 57

CCaassee 11::1111--vvvv--0000556677--UUNNJJ DDooccuummeenntt 4593 FFiilleedd 0056//1247//1144 PPaaggee 35 ooff 57

CCaassee 11::1111--vvvv--0000556677--UUNNJJ DDooccuummeenntt 4593 FFiilleedd 0056//1247//1144 PPaaggee 46 ooff 57

CCaassee 11::1111--vvvv--0000556677--UUNNJJ DDooccuummeenntt 4593 FFiilleedd 0056//1247//1144 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_11-vv-00567-3
Date issued/filed: 2014-08-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/8/2014) regarding 57 DECISION Fees Stipulation. Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:11-vv-00567-UNJ Document 59 Filed 08/12/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 11-567V
Filed: July 8, 2014
(Not To Be Published)
* * * * * * * * * * * * * * * * * * * * * * * * * * *
SANDRA MCCRAY, *
*
Petitioner, *
*
v. * Stipulation; Attorney Fees and
* Costs.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Irene McLafferty, Esq., Messa and Associates, P.C., Philadelphia, PA for petitioner.
Debra Begley, Esq., U.S. Department of Justice, Washington, DC for respondent.
1
DECISION ON ATTORNEY FEES AND COSTS
Vowell, Chief Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a decision on June 2, 2014, that awarded compensation pursuant to the parties’ joint
stipulation. On July 7, 2014, the parties filed a stipulation for attorney fees and costs.
The stipulation indicates that after informal discussions, petitioner has amended her fee
request to an amount that respondent does not object. Additionally, pursuant to
General Order #9, the stipulation notes that petitioner incurred no personal litigation
costs.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:11-vv-00567-UNJ Document 59 Filed 08/12/14 Page 2 of 2
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate.
3
Accordingly, I hereby award the total $20,000.00 in the form of a check
payable jointly to petitioner (Sandra McCray) and petitioner’s counsel of record
(Irene M. McLafferty of The Law Firm of Messa & Associates, P.C.) for petitioner’s
attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/ Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2