VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00041 Package ID: USCOURTS-cofc-1_14-vv-00041 Petitioner: James Heyward Filed: 2014-01-16 Decided: 2016-07-14 Vaccine: hepatitis B Vaccination date: 2012-12-18 Condition: brachial neuritis Outcome: compensated Award amount USD: 85000 AI-assisted case summary: James Heyward filed a petition for compensation on January 16, 2014, alleging that the hepatitis B vaccine he received on December 18, 2012, caused him to suffer brachial neuritis. The hepatitis B vaccine is listed on the Vaccine Injury Table. Mr. Heyward further alleged that he suffered residual effects from this injury for more than six months. Respondent denied that the hepatitis B vaccine caused Mr. Heyward's brachial neuritis or any other injury. The parties, represented by Danielle A. Strait for the petitioner and Claudia B. Gangi for the respondent, subsequently filed a joint stipulation agreeing to a settlement. Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Mr. Heyward was awarded a lump sum payment of $85,000.00, payable to him, as compensation for all damages. The decision and award were issued on July 14, 2016. The public decision does not describe the specific onset of symptoms, clinical details of the brachial neuritis, diagnostic tests performed, or treatments received. No medical experts were named in the public decision. Theory of causation field: Petitioner James Heyward alleged that the hepatitis B vaccine administered on December 18, 2012, caused brachial neuritis, an injury listed on the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties reached a settlement via joint stipulation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a $85,000.00 lump sum award to Mr. Heyward. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical evidence presented, relying instead on the agreed-upon stipulation for resolution. The petition was filed on January 16, 2014, and the decision was issued on July 14, 2016. Attorneys involved were Danielle A. Strait for the petitioner and Claudia B. Gangi for the respondent. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00041-0 Date issued/filed: 2016-07-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 6/23/16) regarding 67 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00041-UNJ Document 71 Filed 07/14/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * JAMES HEYWARD, * No. 14-041V * Special Master Christian J. Moran Petitioner, * * Filed: June 23, 2016 v. * * SECRETARY OF HEALTH * Stipulation; Hepatitis B (“Hep B”) AND HUMAN SERVICES, * vaccine; Brachial Neuritis. * Respondent. * * * * * * * * * * * * * * * * * * * * * * Danielle A. Strait, Maglio Christopher and Toale, Washington, DC, for Petitioner; Claudia B. Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On June 23, 2016, the parties filed a joint stipulation concerning the petition for compensation filed by James Heyward on January 16, 2014. In his petition, petitioner alleged that the hepatitis B vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on December 18, 2012, caused him to suffer brachial neuritis. Petitioner further alleges that he suffered 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 hepatitis B vaccine caused petitioner to suffer brachial neuritis or any other injury. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), 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 1:14-vv-00041-UNJ Document 71 Filed 07/14/16 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto. 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 payment of $85,000.00 in the form of a check payable to petitioner, James Heyward. 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 14-041V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360. 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. 2 Case 1:14-vv-00041-UNJ Document 71 Filed 07/14/16 Page 3 of 7 Case 1:14-vv-00041-UNJ Document 71 Filed 07/14/16 Page 4 of 7 Case 1:14-vv-00041-UNJ Document 71 Filed 07/14/16 Page 5 of 7 Case 1:14-vv-00041-UNJ Document 71 Filed 07/14/16 Page 6 of 7 Case 1:14-vv-00041-UNJ Document 71 Filed 07/14/16 Page 7 of 7