VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00452
Package ID: USCOURTS-cofc-1_15-vv-00452
Petitioner: Harvey McBride
Filed: 2015-05-04
Decided: 2017-01-25
Vaccine: influenza
Vaccination date: 2013-12-19
Condition: brachial plexopathy in his right shoulder
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Harvey McBride filed a petition for compensation under the National Vaccine Injury Compensation Program on May 4, 2015, alleging that he developed brachial plexopathy in his right shoulder and experienced residual side effects for more than six months as a result of receiving an influenza vaccine on December 19, 2013. The respondent denied that the flu vaccine caused the alleged injury. The parties reached a settlement, and on January 24, 2017, they filed a joint stipulation. The respondent agreed to pay Mr. McBride a lump sum of $60,000.00 as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation in that amount. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner counsel was Ronald Craig Homer, Esq., and respondent counsel was Ryan Daniel Pyles, Esq.

Theory of causation field:
Petitioner Harvey McBride alleged that he developed brachial plexopathy in his right shoulder and experienced residual side effects for more than six months following an influenza vaccination on December 19, 2013. Respondent denied causation. The parties reached a joint stipulation for settlement. The Special Master adopted the stipulation, awarding a lump sum of $60,000.00 to the petitioner for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The decision was issued by Special Master Mindy Michaels Roth on January 25, 2017. Petitioner counsel was Ronald Craig Homer, Esq., and respondent counsel was Ryan Daniel Pyles, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00452-0
Date issued/filed: 2017-02-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/25/2017) regarding 35 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (jo) Copy to parties.
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Case 1:15-vv-00452-UNJ Document 39 Filed 02/23/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: January 25, 2017)
No. 15-452V
* * * * * * * * * * * * * UNPUBLISHED
HARVEY MCBRIDE *
*
Petitioner, * Decision on Joint Stipulation;
* Influenza (“Flu”) Vaccine;
v. * Brachial Plexopathy.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Ronald Craig Homer, Esq., Conway, Homer, P.C., Boston, MA, for petitioner.
Ryan Daniel Pyles, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On May 4, 2015, Harvey McBride (“Mr. McBride” or “petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleged that
he developed “a brachial plexopathy in his right shoulder” and experienced residual side effects
of this injury for more than six months as a result of receiving an influenza (“flu”) vaccination on
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend 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 note (2012)). 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 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, I agree that the identified
material fits within the requirements of that provision, I will delete 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).
1

Case 1:15-vv-00452-UNJ Document 39 Filed 02/23/17 Page 2 of 7
December 19, 2013. See Stipulation, filed January 24, 2017, at ¶¶ 1-4. Respondent denies that
the flu vaccine is the cause of petitioner’s alleged brachial plexopathy and/or any other injury.
Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On January 24, 2017, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $60,000.00 in the form of a check payable to petitioner, Harvey
McBride. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a
notice renouncing the right to seek review.
2

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