VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00947 Package ID: USCOURTS-cofc-1_15-vv-00947 Petitioner: Sanjuanita Kelly Filed: 2016-06-09 Decided: 2016-06-09 Vaccine: influenza Vaccination date: 2014-09-05 Condition: brachial radiculopathy Outcome: compensated Award amount USD: 15000 AI-assisted case summary: San Juanita Kelly filed a petition on June 9, 2016, alleging that she suffered brachial radiculopathy as a result of receiving an influenza vaccine on September 5, 2014. Ms. Kelly further alleged that she experienced residual effects of this injury for more than six months. The respondent denied that the flu vaccine caused her alleged injury. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation. Ms. Kelly was awarded $15,000.00 in compensation for all damages. The award was to be paid as a lump sum check to the petitioner. Special Master Laura D. Millman issued the decision on June 9, 2016. Paul Brazil represented the petitioner, and Adriana Teitel represented the respondent. The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or expert testimony. Theory of causation field: Petitioner San Juanita Kelly alleged that she suffered brachial radiculopathy as a result of an influenza vaccine administered on September 5, 2014, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding $15,000.00 in compensation. The public decision does not detail the specific theory of causation, mechanism of injury, or any expert testimony. The case was resolved via stipulation between petitioner San Juanita Kelly (represented by Paul Brazil) and respondent (represented by Adriana Teitel), with a decision by Special Master Laura D. Millman on June 9, 2016. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00947-0 Date issued/filed: 2016-06-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/09/2016) regarding 17 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00947-UNJ Document 22 Filed 06/30/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-947V Filed: June 9, 2016 Not for Publication ************************************* SANJUANITA KELLY, * * Petitioner, * * Damages decision based on v. * stipulation; brachial radiculopathy; * influenza (“flu”) vaccine SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Paul Brazil, Philadelphia, PA, for petitioner. Adriana Teitel, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On June 9, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered brachial radiculopathy as a result of her receipt of influenza (“flu”) vaccine on September 5, 2014. Petitioner further alleges that she experienced the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s brachial radiculopathy or any other injury. 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, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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 redact 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 redact such material from public access. Case 1:15-vv-00947-UNJ Document 22 Filed 06/30/16 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ stipulation, attached, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $15,000.00, representing reimbursement 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 payable to petitioner in the amount of $15,000.00. 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: June 9, 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-00947-UNJ Document 22 Filed 06/30/16 Page 3 of 7 Case 1:15-vv-00947-UNJ Document 22 Filed 06/30/16 Page 4 of 7 Case 1:15-vv-00947-UNJ Document 22 Filed 06/30/16 Page 5 of 7 Case 1:15-vv-00947-UNJ Document 22 Filed 06/30/16 Page 6 of 7 Case 1:15-vv-00947-UNJ Document 22 Filed 06/30/16 Page 7 of 7