VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00638
Package ID: USCOURTS-cofc-1_15-vv-00638
Petitioner: Janice Berry
Filed: 2015-06-19
Decided: 2016-10-24
Vaccine: influenza
Vaccination date: 2014-09-30
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 5000

AI-assisted case summary:
Janice Berry filed a petition on June 19, 2015, alleging that she developed transverse myelitis as a result of receiving an influenza vaccination on September 30, 2014. The respondent denied that the immunization caused her injury. The parties reached a settlement, and on October 24, 2016, they filed a joint stipulation. Respondent agreed to pay Ms. Berry a lump sum of $5,000.00 as compensation for all available damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation in that amount. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Gary Anderson of Environmental Litigation Group, P.C., and respondent counsel was Darryl Wishard of the U.S. Department of Justice.

Theory of causation field:
Petitioner Janice Berry alleged that she developed transverse myelitis (TM) following an influenza vaccination on September 30, 2014. Respondent denied causation. The parties reached a joint stipulation for settlement. The Special Master adopted the stipulation, awarding $5,000.00 as a lump sum for all damages. The public decision does not specify the theory of causation, any medical experts, or the mechanism by which the vaccine allegedly caused the TM. The award was based on a settlement stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00638-0
Date issued/filed: 2016-11-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/24/2016) regarding 33 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:15-vv-00638-UNJ Document 43 Filed 11/21/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: October 24, 2016)
No. 15-638V
* * * * * * * * * * * * * UNPUBLISHED
JANICE BERRY, *
* Decision on Joint Stipulation;
Petitioner, * Influenza (“Flu”) Vaccine;
* Transverse Myelitis
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Gary Anderson, Environmental Litigation Group, P.C., Birmingham, AL, for petitioner.
Darryl Wishard, US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On June 19, 2015, Janice Berry [“Ms. Berry” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she developed transverse myelitis [“TM”] as a result of receiving an influenza 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 (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 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-00638-UNJ Document 43 Filed 11/21/16 Page 2 of 7
September 30, 2014. See Stipulation, filed October 24, 2016, at ¶¶ 1-4. Respondent denies that
the influenza immunization caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On October 24, 2016, 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 $5,000.00 in the form of a check payable to petitioner, Janice
Berry. This amount represents compensation for all damages that would be available
under § 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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