VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00274
Package ID: USCOURTS-cofc-1_15-vv-00274
Petitioner: John Harbrucker
Filed: 2016-10-13
Decided: 2017-01-10
Vaccine: influenza
Vaccination date: 2012-11-26
Condition: neurologic injuries
Outcome: compensated
Award amount USD: 67500

AI-assisted case summary:
John Harbrucker filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered neurologic injuries as a result of an influenza vaccine received on November 26, 2012. He further alleged that these vaccine-related injuries persisted for more than six months following the vaccination. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused the petitioner's neurologic injuries or any other injury. Despite the denial, the parties filed a joint stipulation on October 11, 2016, agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. The stipulation awarded Mr. Harbrucker a lump sum of $67,500.00, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on January 10, 2017.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00274-0
Date issued/filed: 2017-01-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/13/2016) regarding 49 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00274-UNJ Document 57 Filed 01/10/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0274V
Filed: October 13, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOHN HARBRUCKER, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Neurologic
* Injuries; Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah R. Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Sarah C. Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 17, 2015, John Harbrucker (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that he suffered neurologic
injuries as a result of an influenza (“flu”) vaccine he received on November 26, 2012.
Petition at 1, 3; Stipulation, filed October 11, 2016, at ¶ 4. Petitioner further alleges that
his vaccine-related injuries persisted for more than six months following the vaccination.
Petition at 3; Stipulation at ¶ 4. “Respondent denies that the influenza vaccine caused
petitioner to suffer from neurologic injuries or any other injury or his current condition. ”
Stipulation at ¶ 6.
Nevertheless, on October 11, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-00274-UNJ Document 57 Filed 01/10/17 Page 2 of 7
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $67,500.00, in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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