VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00827
Package ID: USCOURTS-cofc-1_12-vv-00827
Petitioner: Daniel Boyle
Filed: 2014-11-14
Decided: 2014-11-24
Vaccine: influenza
Vaccination date: 2009-12-08
Condition: brachial plexus neuritis
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Daniel Boyle filed a petition alleging that he suffered from brachial plexus neuritis caused by his receipt of a seasonal influenza vaccine on December 8, 2009. He further alleged that he experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Boyle's injury. Despite the denial, the parties reached a stipulation to resolve the case informally. The court adopted the stipulation and awarded Mr. Boyle $150,000.00 as compensation for all damages. Subsequently, the parties filed a stipulation regarding attorneys' fees and costs. Mr. Boyle requested $32,027.60 for attorneys' fees and costs, which the respondent did not object to. The court awarded this amount, payable jointly to Mr. Boyle and his attorney. The decision date for the award of damages was November 14, 2014, and the decision date for attorneys' fees and costs was November 24, 2014. The petition was filed on November 14, 2014.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00827-0
Date issued/filed: 2014-12-05
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 11/14/2014) regarding 35 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:12-vv-00827-UNJ Document 43 Filed 12/05/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-827V
Filed: November 14, 2014
Not for Publication
*************************************
DANIEL BOYLE, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; brachial plexus
* neuritis
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Edward M. Kraus, Chicago, IL, for petitioner.
Heather L. Pearlman, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On November 14, 2014, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that he suffered from
brachial plexus neuritis that was caused by his receipt of seasonal influenza (“flu”) vaccine on
December 8, 2009. He further alleges that he experienced the residual effects of this injury for
more than six months. Respondent denies that the flu vaccine caused petitioner to suffer brachial
plexus neuritis or any other injury. Nonetheless, the parties agreed to resolve this matter
informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:12-vv-00827-UNJ Document 43 Filed 12/05/14 Page 2 of 8
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$150,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $150,000.00 made payable 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.2
IT IS SO ORDERED.
Dated: November 14, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00827-1
Date issued/filed: 2014-12-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/24/2014) regarding 40 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:12-vv-00827-UNJ Document 44 Filed 12/15/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-827V
Filed: November 24, 2014
Not for Publication
*************************************
DANIEL BOYLE, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Edward M. Kraus, Chicago, IL, for petitioner.
Heather L. Pearlman, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On November 24, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that he did not
incur any costs in pursuit of his petition. Petitioner submitted his request for attorneys’ fees and
costs to respondent. During informal discussions, respondent raised objections to certain items in
petitioner’s application. Based on these objections, petitioner amends his application for
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:12-vv-00827-UNJ Document 44 Filed 12/15/14 Page 2 of 2
attorneys’ fees and costs to $32,027.60. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $32,027.60,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Edward Kraus, Esq. of Law Offices of Chicago-Kent, in the
amount of $32,027.60.
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.2
IT IS SO ORDERED.
Dated: November 24, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2