VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00676
Package ID: USCOURTS-cofc-1_14-vv-00676
Petitioner: Charles Storey
Filed: 2014-07-29
Decided: 2016-05-02
Vaccine: influenza
Vaccination date: 2014-01-10
Condition: preexisting bilateral tinnitus conditioned worsened
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
On July 29, 2014, Charles Storey filed a petition with the National Vaccine Injury Compensation Program. Mr. Storey alleged that his pre-existing bilateral tinnitus was worsened by an Influenza ("Flu") vaccine he received on January 10, 2014. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the alleged aggravation of tinnitus or any other injury. Despite this denial, the parties filed a joint stipulation on damages on April 7, 2015, agreeing that compensation should be awarded. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Mr. Storey was awarded a lump sum of $30,000.00, payable to him, as compensation for all damages. The decision was issued on May 2, 2016. Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante, PLLC, and respondent was represented by Ryan Daniel Pyles of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism by which the vaccine allegedly caused the condition.

Theory of causation field:
Petitioner Charles Storey alleged that his pre-existing bilateral tinnitus was worsened by an Influenza vaccine administered on January 10, 2014. The respondent denied causation. The parties entered into a joint stipulation on damages, agreeing to an award. Special Master Lisa Hamilton-Fieldman approved the stipulation as reasonable. Petitioner was awarded $30,000.00 as a lump sum for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was issued on May 2, 2016. Petitioner's counsel was Andrew Donald Downing, and respondent's counsel was Ryan Daniel Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00676-0
Date issued/filed: 2016-05-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 4/8/2016) regarding 48 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (pn) Copy to parties.
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Case 1:14-vv-00676-UNJ Document 55 Filed 05/02/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-676V
Filed: April 8, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
CHARLES STOREY, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Tinnitus.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner.
Ryan Daniel Pyles, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On July 29, 2014, Charles Storey (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 Petitioner alleged that his preexisting bilateral tinnitus
conditioned worsened as a result of the administration of the Influenza (“Flu”) vaccine on
January 10, 2014.
On April 7, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the flu vaccine is the cause of
Petitioner’s alleged significant aggravation of a tinnitus-related condition, 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
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 purposes espoused in the E-Government Act of 2002. See 44
U.S.C. § 3501 (2012). 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, 42 U.S.C. §§ 300aa-1 to -34 (2012).
1

Case 1:14-vv-00676-UNJ Document 55 Filed 05/02/16 Page 2 of 7
awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $30,000.00, 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 Entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek
review. Vaccine Rule 11(a).
2

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