VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00770
Package ID: USCOURTS-cofc-1_13-vv-00770
Petitioner: Jeffrey W Magera
Filed: 2013-10-04
Decided: 2015-10-23
Vaccine: influenza
Vaccination date: 2010-10-05
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 480000

AI-assisted case summary:
Jeffrey W. Magera filed a petition on October 4, 2013, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 5, 2010, caused him to develop brachial neuritis. The petition initially described symptoms including left upper extremity pain, weakness, wrist drop, muscle atrophy, and difficulty moving fingers and thumb. However, in a joint stipulation filed on March 20, 2015, the parties agreed that the petitioner alleged the flu vaccine caused him to develop brachial neuritis. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's brachial neuritis or any other injury. Despite this denial, both parties entered into a joint stipulation to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Under the terms of the stipulation, Mr. Magera was awarded a lump sum of $480,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). This award was to be paid via check to the petitioner. Separately, attorneys' fees and costs totaling $13,000.00 were awarded, payable jointly to the petitioner and his counsel, Ramon Rodriguez, III of Rawls, McNelis and Mitchell, P.C. Additionally, out-of-pocket expenses of $500.00 were awarded, payable to the petitioner. The decision notes that the parties filed a joint notice renouncing the right to seek review, expediting the entry of judgment. The public decision was issued on April 10, 2015, with a subsequent decision on October 23, 2015, addressing the fees and costs stipulation.

Theory of causation field:
Petitioner Jeffrey W. Magera received an influenza vaccine on October 5, 2010. He alleged that this vaccine caused him to develop brachial neuritis, with initial descriptions of left upper extremity pain, weakness, wrist drop, muscle atrophy, and difficulty moving fingers and thumb. The parties later stipulated that the petitioner alleged the flu vaccine caused brachial neuritis. The respondent denied causation. The case was resolved via joint stipulation filed March 20, 2015, and approved by Special Master Lisa Hamilton-Fieldman. Petitioner was awarded $480,000.00 in compensation for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $13,000.00 and out-of-pocket expenses of $500.00 were awarded separately. Petitioner's counsel was Ramon Rodriguez, III of Rawls, McNelis and Mitchell, P.C. Respondent's counsel was Amy Kokot. The public decision adopting the stipulation was issued April 10, 2015, and the decision on fees and costs was issued October 23, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00770-0
Date issued/filed: 2015-04-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/20/2015) regarding 25 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:13-vv-00770-UNJ Document 29 Filed 04/10/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-770V
Filed: March 20, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
JEFFREY W MAGERA, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Brachial Neuritis.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis and Mitchell, Richmond, VA, for Petitioner.
Amy Kokot, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On October 4, 2013, Jeffrey Magera (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleges that he suffered from brachial neuritis as a result of an Influenza (“Flu”)
vaccine administered to him on October 5, 2010.
On March 20, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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.
1

Case 1:13-vv-00770-UNJ Document 29 Filed 04/10/15 Page 2 of 7
Respondent denies that the Flu vaccine caused Petitioner’s brachial neuritis and/or any
other injury. Nevertheless, 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 $480,000.00, 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.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 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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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00770-1
Date issued/filed: 2015-10-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/02/2015) regarding 31 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:13-vv-00770-UNJ Document 32 Filed 10/23/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-770V
Filed: October 2, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
JEFFREY W. MAGERA, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable
* Amount Requested to which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for Petitioner.
Amy P. Kokot, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 4, 2013, Jeffrey W. Magera (“Petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that the administration of an influenza (“flu”) vaccine on
October 5, 2010, caused him to suffer from left upper extremity pain, weakness, wrist drop,
muscle atrophy, difficulty moving fingers and thumb2. Petition (“Pet.”) at 1-3. On March 20,
2015, the undersigned filed a decision awarding compensation to Petitioner. Decision, ECF No.
25.
On October 2, 2015, Petitioner filed a “Stipulation of Facts Concerning Attorneys’ Fees
and Costs”. Pursuant to their Stipulation, the parties have agreed to an award of $13,000.00 in
attorneys’ fees and costs. Petitioner’s counsel represents that Petitioner has incurred costs of
$500.00 in pursuing his claim. Stipulation, ECF No. 30.
1 The undersigned 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, § 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 file a motion for redaction “of any information furnished by that party
(1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion
of privacy.” In the absence of such motion, the entire decision will be available to the public. Id.
2 These injuries were alleged in the Petition; however, in the Stipulation filed with the Court on March 20,
2015, the parties stipulated that “Petitioner alleges that the flu vaccine caused him to develop brachial
neuritis.” Stipulation, ECF No. 24.
1

Case 1:13-vv-00770-UNJ Document 32 Filed 10/23/15 Page 2 of 2
The undersigned finds 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. Accordingly, the undersigned hereby awards:
1. The amount of $13,000.00, in the form of a check made payable jointly to
Petitioner and Petitioner’s counsel, Ramon Rodriguez, III;
2. The amount of $500.00, in the form of a check made payable to Petitioner.
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.3
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
3 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