VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00552 Package ID: USCOURTS-cofc-1_14-vv-00552 Petitioner: Stephen B. Hales Filed: 2014-06-27 Decided: 2016-11-28 Vaccine: influenza Vaccination date: 2010-11-06 Condition: polymyalgia rheumatic Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Stephen B. Hales filed a petition on June 27, 2014, alleging that the influenza vaccine he received on November 6, 2010, caused him to develop polymyalgia rheumatica. He claimed to have suffered residual effects from this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury. Despite the denial, the parties reached a joint stipulation to resolve the case. The stipulation stated that Mr. Hales had not previously received an award or settlement for this condition. The court found the stipulation reasonable and adopted it as its decision. As a result, Mr. Hales was awarded a lump sum payment of $20,000.00 as compensation for all damages. The clerk was directed to enter judgment accordingly, unless a motion for review was filed. The public decision does not describe the onset of symptoms, specific clinical details, or any expert testimony. Petitioner was represented by Douglas L. Burdette, and Respondent was represented by Alexis B. Babcock. Special Master Christian J. Moran issued the decision. Theory of causation field: Petitioner Stephen B. Hales alleged that the influenza vaccine received on November 6, 2010, caused polymyalgia rheumatica, with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation, which the Special Master adopted. The stipulation did not detail a specific theory of causation or name any experts. The case was resolved via stipulation, resulting in a $20,000.00 lump sum award for all damages. Special Master Christian J. Moran issued the decision on November 28, 2016. Petitioner's counsel was Douglas L. Burdette, and Respondent's counsel was Alexis B. Babcock. The theory of causation was based on the Vaccine Injury Table, as indicated by the raw data, but the public decision itself does not elaborate on the specific mechanism or evidence presented beyond the stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00552-0 Date issued/filed: 2016-11-28 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/28/2016) regarding 56 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00552-UNJ Document 62 Filed 11/28/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * STEPHEN B. HALES, * No. 14-552V * Special Master Christian J. Moran Petitioner, * * v. * * Filed: October 28, 2016 SECRETARY OF HEALTH * AND HUMAN SERVICES, * Stipulation; influenza (“flu”) vaccine; * Polymyalgia Rheumatica Respondent. * * * * * * * * * * * * * * * * * * * * * * Douglas L. Burdette, Burkett & Burdette, Seattle, WA, for Petitioner; Alexis B. Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On October 27, 2016, the parties filed a joint stipulation concerning the petition for compensation filed by Stephen B. Hales on June 27, 2014. In his petition, petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on November 6, 2010, caused him to suffer polymyalgia rheumatic. 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 influenza vaccine caused petitioner to suffer polymyalgia rheumatic 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-00552-UNJ Document 62 Filed 11/28/16 Page 2 of 2 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 $20,000.00 in the form of a check payable to petitioner, Stephen B. Hales. 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 14-552V 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