VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00722 Package ID: USCOURTS-cofc-1_15-vv-00722 Petitioner: John M. Dallas Filed: 2016-07-12 Decided: 2016-07-12 Vaccine: influenza Vaccination date: 2014-01-20 Condition: suspected Parsonage-Turner Syndrome Outcome: compensated Award amount USD: 10000 AI-assisted case summary: John M. Dallas filed a petition on July 12, 2016, alleging that his receipt of an influenza vaccine on January 20, 2014, caused him to develop symptoms of neurological injury, specifically suspected Parsonage-Turner Syndrome, and that he experienced residual effects for more than six months. The respondent denied that the flu vaccine caused the petitioner to suffer a neurological injury, Parsonage-Turner Syndrome, or any other injury, and further denied that the flu vaccine caused the petitioner's current disabilities. Despite the denials, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Mr. Dallas $10,000.00 as compensation for all damages. The award was to be paid as a check for $10,000.00 made payable to the petitioner. The decision was issued on July 12, 2016, and was made public on August 2, 2016. The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or expert witnesses involved in this case. Petitioner counsel was Richard H. Moeller, and respondent counsel was Traci R. Patton. Theory of causation field: Petitioner alleged that an influenza vaccine administered on January 20, 2014, caused a neurological injury, specifically suspected Parsonage-Turner Syndrome, with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation, awarding $10,000.00 for all damages. The public decision does not detail the specific theory of causation, mechanism, or any expert testimony. The case was resolved via stipulation, with Special Master Laura D. Millman issuing the decision on July 12, 2016. Petitioner counsel was Richard H. Moeller, and respondent counsel was Traci R. Patton. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00722-0 Date issued/filed: 2016-08-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/12/2016) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00722-UNJ Document 35 Filed 08/02/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-722V Filed: July 12, 2016 Not for Publication ************************************* JOHN M. DALLAS, * * Damages decision based on Petitioner, * stipulation; influenza (“flu”) vaccine; * neurological injury; suspected v. * Parsonage-Turner Syndrome * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Richard H. Moeller, Sioux City, IA, for petitioner. Traci R. Patton, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On July 12, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that his receipt of influenza (“flu”) vaccine on January 20, 2014 caused him to develop symptoms of neurological injury, including suspected Parsonage-Turner Syndrome, and other injuries. He further alleges that he experienced the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner to suffer a neurological injury, Parsonage-Turner Syndrome, or any other injury and further denies that the flu vaccine caused petitioner’s current disabilities. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master 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, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:15-vv-00722-UNJ Document 35 Filed 08/02/16 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court adopts the parties’ attached stipulation and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $10,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check for $10,000.00 made payable to petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: July 12, 2016 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:15-vv-00722-UNJ Document 35 Filed 08/02/16 Page 3 of 7 Case 1:15-vv-00722-UNJ Document 35 Filed 08/02/16 Page 4 of 7 Case 1:15-vv-00722-UNJ Document 35 Filed 08/02/16 Page 5 of 7 Case 1:15-vv-00722-UNJ Document 35 Filed 08/02/16 Page 6 of 7 Case 1:15-vv-00722-UNJ Document 35 Filed 08/02/16 Page 7 of 7