VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00774
Package ID: USCOURTS-cofc-1_15-vv-00774
Petitioner: Melissa Jones
Filed: 2015-07-23
Decided: 2017-04-03
Vaccine: influenza
Vaccination date: 2012-11-02
Condition: anaphylaxis, hypotension, and acute cholecystitis
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Melissa Jones filed a petition for compensation under the National Vaccine Injury Compensation Program on July 23, 2015, alleging that she suffered severe anaphylaxis, hypotension, and acute cholecystitis requiring a cholecystectomy as a result of receiving an influenza vaccine on November 2, 2012. She further alleged that she suffered residual effects for more than six months. The respondent denied that the flu vaccine caused her alleged injuries. Despite the respondent's denial, the parties filed a joint stipulation for damages on December 5, 2016, agreeing that compensation should be awarded. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Melissa Jones was awarded a lump sum of $40,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on April 3, 2017. Petitioner was represented by Joseph Tedford McFadden of Rawls, McNelis & Mitchell, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice. The Special Master was Nora Beth Dorsey.

Theory of causation field:
Petitioner Melissa Jones alleged that an influenza vaccine administered on November 2, 2012, caused severe anaphylaxis, hypotension, and acute cholecystitis requiring a cholecystectomy, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The public decision does not describe the specific theory of causation, medical experts, clinical details of the onset or progression of symptoms, diagnostic tests, or treatments. The award was a lump sum of $40,000.00 for all damages available under the Vaccine Act. The decision was made by Chief Special Master Nora Beth Dorsey on April 3, 2017, based on the joint stipulation. Petitioner's counsel was Joseph Tedford McFadden, and respondent's counsel was Ryan Daniel Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00774-0
Date issued/filed: 2017-04-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/06/2016) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Copy to parties.
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Case 1:15-vv-00774-UNJ Document 40 Filed 04/03/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0774V
Filed: December 6, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MELISSA JONES, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Anaphylaxis;
* Hypotension; Cholecystitis;
SECRETARY OF HEALTH * Cholecystectomy; Special Processing
AND HUMAN SERVICES, * Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Joseph Tedford McFadden, Rawls, McNelis & Mitchell, Norfolk, VA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 23, 2015, Melissa Jones (“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 as a result of receiving an influenza
(“flu”) vaccine on November 2, 2012, she suffered from severe anaphylaxis,
hypotension, and acute cholecystitis which required a cholecystectomy. Petition at 1;
Stipulation, filed December 5, 2016, at ¶ 4. Petitioner further alleges that she suffered
the residual effects of her vaccine injury for more than six months. Petition at 5;
Stipulation at ¶ 4. “Respondent denies that the flu immunization is the cause of
petitioner’s alleged anaphylaxis, hypotension, and cholecystitis resulting in a
cholecystectomy, and/or any other injury.” Stipulation at ¶ 6.
Nevertheless, on December 5, 2016, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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-00774-UNJ Document 40 Filed 04/03/17 Page 2 of 7
undersigned 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 $40,000.00, 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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