VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00670
Package ID: USCOURTS-cofc-1_14-vv-00670
Petitioner: Larry Scott Pearce
Filed: 2014-07-29
Decided: 2015-09-04
Vaccine: influenza
Vaccination date: 2011-09-21
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 360000

AI-assisted case summary:
Larry Scott Pearce filed a petition on July 29, 2014, alleging that he suffered a neurological demyelinating injury, specifically transverse myelitis, as a result of receiving an influenza vaccine on September 21, 2011. He further alleged that he suffered residual effects or complications for more than six months. The respondent, the Secretary of Health and Human Services, denied that the transverse myelitis was caused by the vaccination or that the vaccine caused any other injury or his current condition. Despite the denial, the parties filed a joint stipulation on damages, agreeing that a decision should be entered awarding compensation. The stipulation stated that Larry Scott Pearce would receive a lump sum of $360,000.00 as compensation for all items of damages. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Judgment was entered in accordance with the terms of the stipulation, awarding Mr. Pearce $360,000.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00670-0
Date issued/filed: 2015-09-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/11/2015) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:14-vv-00670-UNJ Document 31 Filed 09/04/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-670V
Filed: August 11, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
LARRY SCOTT PEARCE, *
*
Petitioner, * Special Master Dorsey
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza (Flu) Vaccine;
AND HUMAN SERVICES, * Neurological Demyelinating Injury;
* Transverse Myelitis.
Respondent. *
*
* * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Alexis B. Babcock, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On July 29, 2014, Larry Scott Pearce (“petitioner”), filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that as a result of receiving the influenza (flu) vaccination on September 21,
2011, he suffered a neurological demyelinating injury, specifically transverse myelitis. Petition
at 1. Petitioner further alleged that he suffered the residual effects or complications of his
vaccine injury for more than six months. Id. at 17. On August 11, 2015, the parties filed a
stipulation, stating 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 1:14-vv-00670-UNJ Document 31 Filed 09/04/15 Page 2 of 7
Respondent denies that petitioner’s transverse myelitis was caused in fact by his
influenza vaccination, and denies that the vaccine caused any other injury or his current
condition. 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 stipulated that petitioner shall receive the following compensation:
A lump sum of $360,000.00, in the form of a check payable to petitioner. This amount
represent compensation for all items of damages that would be available under 42 U.S.C.
§ 300-aa-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/ Nora Beth Dorsey
Nora Beth Dorsey
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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