VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00852
Package ID: USCOURTS-cofc-1_15-vv-00852
Petitioner: Mark Kerridge
Filed: 2015-08-10
Decided: 2017-04-25
Vaccine: influenza
Vaccination date: 2014-08-22
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 465000

AI-assisted case summary:
Mark Kerridge filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered brachial neuritis as a result of an influenza vaccine received on August 22, 2014. He further alleged that the residual effects of this injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Kerridge's brachial neuritis or any other injury. Despite the denial, the parties filed a joint stipulation on December 19, 2016, agreeing that compensation should be awarded. The Chief Special Master found the stipulation to be reasonable and adopted it as the decision of the Court. The parties stipulated that Mr. Kerridge would receive a lump sum of $465,000.00 as compensation for all items of damages available under the Vaccine Act. The Court approved this amount and directed that judgment be entered accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00852-0
Date issued/filed: 2017-04-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/19/2016) regarding 41 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00852-UNJ Document 47 Filed 04/25/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0852V
Filed: December 19, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARK KERRIDGE, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Brachial
* Neuritis; Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Richard Gage, Richard Gage, P.C., Cheyenne, WY, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 10, 2015, Mark Kerridge (“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 he suffered brachial neuritis as a
result of an influenza (“flu”) vaccine he received on August 22, 2014. Petition at 2;
Stipulation, filed December 19, 2016, at ¶ 2, 4. Petitioner further alleges that he
suffered the residual effects of his vaccine injury for more than six months. Petition at 2;
Stipulation at ¶ 4. “Respondent denies that the flu vaccine caused petitioner to suffer
from brachial neuritis or any other injury.” Stipulation at ¶ 6.
Nevertheless, on December 19, 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-00852-UNJ Document 47 Filed 04/25/17 Page 2 of 7
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $465,000.00, 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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