VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00681
Package ID: USCOURTS-cofc-1_15-vv-00681
Petitioner: Carol Byrd
Filed: 2015-06-30
Decided: 2016-05-19
Vaccine: influenza
Vaccination date: 2013-01-07
Condition: shoulder injury
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Carol Byrd filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2015, alleging that she suffered a shoulder injury as a result of her January 7, 2013 influenza vaccination. The respondent denied that the flu vaccine caused her injury. However, on April 4, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The parties stipulated that Carol Byrd would receive a lump sum of $75,000.00, payable by check to petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Douglas Ross of the U.S. Department of Justice. Judgment was to be entered accordingly.

Theory of causation field:
Petitioner Carol Byrd alleged a shoulder injury resulting from her January 7, 2013 influenza vaccination. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public text does not specify the theory of causation, the mechanism of injury, or any expert testimony. The stipulation resulted in an award of $75,000.00 for all damages. The decision was issued on May 19, 2016, based on the stipulation filed April 4, 2016. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Douglas Ross.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00681-0
Date issued/filed: 2016-05-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/06/2016) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00681-UNJ Document 40 Filed 05/19/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-681V
Filed: April 6, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CAROL BYRD, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine;
v.
* Shoulder Injury;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 30, 2015, 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 she suffered a shoulder injury as a result of her January 7,
2013 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed April 4, 2016, ¶¶ 2, 4.
Petitioner further alleges “that there has been no prior award or settlement of a civil
action for damages on her behalf as a result of her condition.” Stipulation, ¶ 5; Petition,
¶ 12. “Respondent denies that the flu vaccine caused petitioner to suffer from a
shoulder injury or any other injury.” Stipulation, ¶ 6.
Nevertheless, on April 4, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
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-00681-UNJ Document 40 Filed 05/19/16 Page 2 of 7
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $75,000.00 in the form of a check payable to petitioner.
Stipulation, ¶ 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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