VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00522
Package ID: USCOURTS-cofc-1_14-vv-00522
Petitioner: al Lesean Sutton
Filed: 2015-01-22
Decided: 2015-02-13
Vaccine: influenza
Vaccination date: 2011-10-27
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Al LeSean Sutton filed a petition on January 22, 2015, alleging that he suffered brachial neuritis as a result of an influenza vaccine received on October 27, 2011. The respondent, the Secretary of Health and Human Services, orally conceded on November 5, 2014, that Mr. Sutton suffered brachial neuritis and was entitled to compensation. The parties subsequently filed a stipulation of fact regarding attorneys' fees and costs. Special Master Laura D. Millman issued a decision on February 13, 2015, awarding Mr. Sutton a lump sum payment of $100,000.00 for all elements of compensation. This award was to be paid by check made payable to petitioner. A subsequent decision on May 19, 2015, addressed attorneys' fees and costs. The parties filed a stipulation of fact agreeing on an appropriate amount. Petitioner requested $23,000.00 for attorneys' fees and costs, which the respondent did not object to. Special Master Millman found this amount reasonable and awarded $23,000.00, to be paid by check jointly to petitioner and the Law Office of Jean Sutton Martin, PLLC. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert testimony.

Theory of causation field:
Petitioner Al LeSean Sutton alleged brachial neuritis following an influenza vaccine administered on October 27, 2011. The respondent conceded that petitioner suffered brachial neuritis and was entitled to compensation. The case proceeded based on a stipulation of fact and proffer. The Special Master awarded $100,000.00 in compensation for the injury. Attorneys' fees and costs were awarded separately in the amount of $23,000.00. The theory of causation is based on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00522-0
Date issued/filed: 2015-02-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/22/2015) regarding 21 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00522-UNJ Document 26 Filed 02/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-522V
Filed: January 22, 2015
Not for Publication
*************************************
AL LESEAN SUTTON, *
*
Petitioner, *
* Damages decision based on proffer;
v. * influenza (flu) vaccine; brachial
* neuritis
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Jean S. Martin, Wilmington, NC, for petitioner.
Michael P. Milmoe, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On June 20, 2014, petitioner filed a petition under the National Childhood Vaccine Injury
Act, 42 U.S.C. §§ 300aa-10–34 (2006), alleging that he suffered a shoulder injury as a result of
the influenza (“flu”) vaccination he received on October 27, 2011. On November 5, 2014,
respondent orally conceded that petitioner suffered brachial neuritis and was entitled to
compensation.
1 Because this decision contains a reasoned explanation for the special master's action in this case, the
special master intends to post this 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.
1

Case 1:14-vv-00522-UNJ Document 26 Filed 02/13/15 Page 2 of 2
On January 22, 2015, respondent filed Respondent’s Proffer on Award of Compensation.
The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole,
the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to
the terms stated in the attached proffer, the court awards a lump sum payment of $100,000.00,
representing all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). The award shall be in the form of a check for $100,000.00 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: February 13, 2015 /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_14-vv-00522-1
Date issued/filed: 2015-06-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/19/2015) regarding 28 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00522-UNJ Document 33 Filed 06/09/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-522V
Filed: May 19, 2015
Not for Publication
*************************************
AL LESEAN SUTTON, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Jean S. Martin, Wilmington, NC, for petitioner.
Michael P. Milmoe, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On May 19, 2015, 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 General Order #9, 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 aspects of
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 1:14-vv-00522-UNJ Document 33 Filed 06/09/15 Page 2 of 2
attorneys’ fees and costs to request $23,000.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $23,000.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and the Law Office of Jean Sutton Martin, PLLC for
$23,000.00.
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: May 19, 2015 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