VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00578
Package ID: USCOURTS-cofc-1_13-vv-00578
Petitioner: James A. Fields
Filed: 2016-02-01
Decided: 2016-02-26
Vaccine: influenza
Vaccination date: 2011-12-02
Condition: significant aggravation of [his] transverse myelitis or myelopathy
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
James A. Fields filed a petition on February 1, 2016, alleging that an influenza vaccine administered on December 2, 2011, caused significant aggravation of his transverse myelitis or myelopathy. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated the petitioner's condition. Despite this denial, the parties filed a joint stipulation on damages, agreeing that the petitioner should receive compensation. The Special Master found the stipulation reasonable and adopted it as the decision of the court. Mr. Fields was awarded a lump sum of $50,000.00 as compensation for all damages. The parties agreed to expedite the entry of judgment by waiving the right to seek review. The public decision does not describe the petitioner's counsel, respondent's counsel, the specific onset of symptoms, medical history, diagnostic tests, treatments, or expert witnesses. The decision was issued by Special Master Lisa Hamilton-Fieldman.

Theory of causation field:
Petitioner James A. Fields alleged that an influenza vaccine administered on December 2, 2011, caused significant aggravation of his transverse myelitis or myelopathy. Respondent denied causation. The parties filed a joint stipulation on damages, agreeing to an award of $50,000.00. The Special Master adopted the stipulation as the decision of the court. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The award was a lump sum of $50,000.00. The decision was issued by Special Master Lisa Hamilton-Fieldman on February 26, 2016. Petitioner's counsel was Gary A. Bryant, and respondent's counsel was Althea W. Davis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00578-0
Date issued/filed: 2016-02-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/01/2016) regarding 49 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:13-vv-00578-UNJ Document 50 Filed 02/26/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-578V
Filed: February 1, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
JAMES A. FIELDS, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Transverse Myelitis.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Gary A. Bryant, Willcox & Savage, PC, Norfolk, VA, for Petitioner.
Althea W. Davis, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On August 14, 2013, James A. Fields (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006); Petition
(“Pet.”), ECF No. 1, at 1-2. In an amended Petition3, filed on December 10, 2014, Petitioner
alleged that an influenza (“flu”) vaccination administered on December 2, 2011 caused
“significant aggravation of [his] transverse myelitis or myelopathy.” Amended Pet., ECF No.
32, at 1.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, 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)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
3 In his initial Petition, Petitioner alleged that the influenza vaccine administered on December 2,
2011 caused him to develop transverse myelitis. Pet. at 1.
1

Case 1:13-vv-00578-UNJ Document 50 Filed 02/26/16 Page 2 of 7
On February 1, 2016, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Stipulation, ECF No. 48. Respondent denies that the
flu vaccine caused or significantly aggravated Petitioner’s transverse myelitis, any other injury,
or his current disabilities. However, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $50,000.00 in the form of a check payable to Petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.4
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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