VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00950
Package ID: USCOURTS-cofc-1_14-vv-00950
Petitioner: Terrance Bernstein
Filed: 2014-10-06
Decided: 2015-06-25
Vaccine: influenza
Vaccination date: 2012-10-26
Condition: bilateral brachial plexopathy
Outcome: compensated
Award amount USD: 17316

AI-assisted case summary:
Terrance Bernstein filed a petition alleging that an influenza vaccine administered on October 26, 2012, caused him to suffer from bilateral brachial plexopathy. He filed his petition with the Court of Federal Claims on October 6, 2014. Initially, Mr. Bernstein sought compensation under the National Childhood Vaccine Injury Act, but later filed a motion for decision dismissing his petition. He stated that an investigation of the facts and science supporting his case demonstrated he would be unable to prove entitlement to compensation. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury. The record did not contain evidence of a Table Injury, nor did it include a medical expert’s opinion or other persuasive evidence of causation. Because the medical records were insufficient and no medical opinion was offered, the petition was dismissed for insufficient proof. Subsequently, on June 2, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Respondent did not object to the requested amount. The court found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate. The court awarded $17,316.42 in attorneys' fees and costs, payable jointly to Mr. Bernstein and his counsel. Judgment was entered accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00950-0
Date issued/filed: 2015-06-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/19/2015) regarding 15 DECISION of Special Master. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00950-UNJ Document 24 Filed 06/12/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-950V
Filed: May 19, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
TERRANCE S. BERNSTEIN, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Petitioner’s Motion for Dismissal
* Decision; Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH * Bilateral Brachial Plexopathy.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Richard H. Moeller, Berenstein, Moore, Heffernan, Moeller & Johnson, LLP, Sioux City, Iowa,
for Petitioner.
Justine Walters, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 6, 2014, Terrance Bernstein (“Petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that the administration of an influenza (“flu”) vaccine on
October 26, 2012 caused him to suffer from bilateral brachial plexopathy. The undersigned now
finds that the information in the record does not show entitlement to an award under the
Program.
On May 19, 2015, Petitioner filed a Motion for Decision Dismissing his Petition.
According to the motion, “[a]n investigation of the facts and science supporting his case has now
demonstrated to petitioner that he will be unable to prove that he is entitled to compensation in
the Vaccine Program.” Petitioner further states that he understands that a dismissal decision will
result in a judgment against him, and that such a judgment will end all of his rights in the
1 Because this unpublished decision contains a reasoned explanation for the action in this case,
the undersigned intends to post this decision on the United States Court of Federal Claims’
website, 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 and note (2006)). In accordance with
Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other
information, that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review,
the undersigned agrees that the identified material fits within the requirements of that provision,
such material will be deleted from public access.

Case 1:14-vv-00950-UNJ Document 24 Filed 06/12/15 Page 2 of 2
Vaccine Program. Id.
To receive compensation under the Vaccine Act, Petitioner must prove either 1) that he
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of his vaccinations, or 2) that he suffered an injury that was actually caused by a vaccine.
See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination of the record did not uncover
any evidence that Petitioner suffered a “Table Injury.” Further, the record does not contain a
medical expert’s opinion or any other persuasive evidence indicating that his injuries were
caused by a vaccination.
Under the Vaccine Act, a petitioner may not be awarded compensation based solely on
the petitioner’s claims alone. Rather, the petition must be supported by either medical records or
by the opinion of a competent physician. § 300aa-13(a)(1). In this case, because the medical
records are insufficient to establish entitlement to compensation, a medical opinion must be
offered in support. Petitioner, however, has offered no such opinion.
Therefore, the only alternative remains to DENY this petition. Thus, this case is
dismissed for insufficient proof. In the absence of a motion for review, the Clerk shall
enter judgment accordingly.
IT IS SO ORDERED.
/s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00950-1
Date issued/filed: 2015-06-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/3/2015) regarding 20 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00950-UNJ Document 25 Filed 06/25/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-950
Filed: June 3, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
TERRANCE BERNSTEIN, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable
* Amount Requested to which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Richard Moeller, Berenstein, Moore, et al., Sioux City, IA, for Petitioner.
Justine Walters, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 6, 2014, Terrance Bernstein (“Petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that the administration of an influenza (“flu”) vaccine on
October 26, 2012 caused him to suffer from bilateral brachial plexopathy. On May 19, 2015, the
undersigned issued a decision dismissing the petition.
On June 2, 2015, Respondent filed a Stipulation of Facts Concerning Attorneys’ Fees and
Costs. Pursuant to their Stipulation, the parties have agreed to an award of $17,316.42 in
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner represents that
he has not incurred any costs in pursuit of his claim. See Statement Pursuant to General Order
No. 9, filed May 26, 2015.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $17,316.42, in the
1 The undersigned intends to post this unpublished decision on the United States Court of Federal
Claims’ website, 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 file a motion for redaction “of any information furnished by
that party (1) that is trade secret or commercial or financial information and is privileged or confidential,
or (2) that are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” In the absence of such motion, the entire decision will be available to
the public. Id.
1

Case 1:14-vv-00950-UNJ Document 25 Filed 06/25/15 Page 2 of 2
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Richard
Moeller.
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.2
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2 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