VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00331
Package ID: USCOURTS-cofc-1_12-vv-00331
Petitioner: Wayne Turner
Filed: 2012-05-25
Decided: 2014-09-02
Vaccine: trivalent influenza
Vaccination date: 2010-10-27
Condition: brachial plexopathy or brachial neuritis
Outcome: compensated
Award amount USD: 47500

AI-assisted case summary:
Wayne Turner filed a petition on May 25, 2012, alleging that a trivalent influenza vaccine he received on October 27, 2010, caused him to develop brachial plexopathy or brachial neuritis, with residual effects lasting more than six months. Respondent denied that the influenza immunization caused petitioner's condition. However, on April 1, 2014, the parties filed a joint stipulation to settle the case. Special Master Christian J. Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $47,500.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Elizabeth Muldowney of Rawls, McNeils & Mitchell, P.C. Respondent was represented by Vincent Matanoski and later Justine Daigneault, both of the U.S. Department of Justice. Subsequently, on July 24, 2014, respondent filed a stipulation concerning attorneys' fees and costs. Petitioner sought $35,289.15 in attorneys' fees and costs, and $500.00 in personal costs. Respondent did not object to these amounts. Special Master Moran awarded a lump sum of $35,289.15 payable jointly to petitioner and his counsel, Elizabeth M. Muldowney, for attorneys' fees and litigation costs. Additionally, a lump sum of $500.00 was awarded, payable to petitioner, Wayne Turner, for personal costs incurred. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The public decision does not name petitioner's counsel for the fees and costs portion, but it does name Elizabeth M. Muldowney as counsel for petitioner in the damages stipulation.

Theory of causation field:
Petitioner Wayne Turner alleged that a trivalent influenza vaccine received on October 27, 2010, caused brachial plexopathy or brachial neuritis. Respondent denied causation. The parties filed a joint stipulation on April 1, 2014, which Special Master Christian J. Moran adopted. Petitioner was awarded $47,500.00 for damages. Attorneys' fees and costs were subsequently stipulated, with respondent not objecting to petitioner's request. Special Master Moran awarded $35,289.15 for attorneys' fees and costs, payable jointly to petitioner and counsel Elizabeth Muldowney, and $500.00 for petitioner's personal costs. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the theory of causation, relying instead on the stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00331-0
Date issued/filed: 2014-04-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/04/2014) regarding 38 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00331-UNJ Document 42 Filed 04/28/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
WAYNE TURNER, *
* No. 12-331V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: April 4, 2014
*
SECRETARY OF HEALTH * Stipulation; Trivalent Influenza
AND HUMAN SERVICES, * Vaccine; brachial plexopathy,
* brachial neuritis
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Elizabeth Muldowney, Rawls, McNeils & Mitchell, Richmond, VA, for Petitioner;
Vincent Matanoski, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On April 1, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Wayne Turner on May 25, 2012. In his petition, Mr.
Turner alleges that he suffered from a brachial plexopathy or brachial neuritis as a
result of receiving the trivalent influenza vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on
October 27, 2010, and that he experienced the residual effects of this injury for
more than six months. 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.
Respondent denies that the influenza immunization caused petitioner to
suffer from brachial neuritis, brachial plexopathy, or any other injury or his current
condition, and denies that petitioner experienced the residual effects of his injury
for more than six months.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00331-UNJ Document 42 Filed 04/28/14 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $47,500.00 in the form of a check payable to petitioner,
Wayne Turner. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 12-331V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.

CCaassee 11::1122--vvvv--0000333311--UUNNJJ DDooccuummeenntt 3472 FFiilleedd 0044//0218//1144 PPaaggee 13 ooff 57

CCaassee 11::1122--vvvv--0000333311--UUNNJJ DDooccuummeenntt 3472 FFiilleedd 0044//0218//1144 PPaaggee 24 ooff 57

CCaassee 11::1122--vvvv--0000333311--UUNNJJ DDooccuummeenntt 3472 FFiilleedd 0044//0218//1144 PPaaggee 35 ooff 57

CCaassee 11::1122--vvvv--0000333311--UUNNJJ DDooccuummeenntt 3472 FFiilleedd 0044//0218//1144 PPaaggee 46 ooff 57

CCaassee 11::1122--vvvv--0000333311--UUNNJJ DDooccuummeenntt 3472 FFiilleedd 0044//0218//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00331-1
Date issued/filed: 2014-09-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/25/2014) regarding 44 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00331-UNJ Document 47 Filed 09/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
WAYNE TURNER, *
*
Petitioner, * No. 12-331V
* Special Master Christian J. Moran
*
v. * Filed: July 25, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Elizabeth Muldowney, Rawls, McNelis, and Mitchell P.C., Richmond, VA, for
Petitioner;
Justine Daigneault, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On July 24, 2014, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, Mr. Turner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, Mr. Turner amended his
application to request $35,789.15, an amount to which respondent does not object.
The Court awards this amount.
On May 25, 2012, Mr. Turner filed a petition for compensation alleging that
the trivalent influenza (“flu”) vaccination, which is contained in the Vaccine Injury
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00331-UNJ Document 47 Filed 09/02/14 Page 2 of 2
Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October 27,
2010, caused him to develop a brachial plexopathy or brachial neuritis. Mr. Turner
received compensation based upon the parties’ stipulation. Decision, filed April
28, 2014. Because Mr. Turner received compensation, he is entitled to an award of
attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Mr. Turner seeks a total of $35,289.15 in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he incurred $500.00 in out-of-pocket litigation expenses while pursuing this
claim. Respondent has no objection to the amount requested for attorneys’ fees
and costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $35,289.15 in the form of a check made payable to
petitioner and petitioner’s attorney, Elizabeth M. Muldowney, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
b. A lump sum of $500.00, payable to petitioner, Wayne Turner, for
costs he incurred in pursuit of his petition.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Marc Langston, at (202)
357-6392.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master