VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00960
Package ID: USCOURTS-cofc-1_15-vv-00960
Petitioner: Robert Petterson
Filed: 2016-02-25
Decided: 2016-02-25
Vaccine: influenza
Vaccination date: 2012-09-12
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Robert Petterson filed a petition on February 25, 2016, alleging that he suffered from brachial neuritis caused by an influenza vaccine he received on September 12, 2012. He further claimed that the residual effects of this injury persisted for more than six months. The respondent denied that the flu vaccine caused Mr. Petterson's brachial neuritis or any other injury, and also denied that the vaccine caused his current disabilities. Despite these denials, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Mr. Petterson $75,000.00 as compensation for all damages. The award was to be paid as a lump sum check made payable to the petitioner. The decision was issued on February 25, 2016. Kyle M. Moore represented the petitioner, and Darryl R. Wishard represented the respondent.

Theory of causation field:
Petitioner Robert Petterson alleged that an influenza vaccine administered on September 12, 2012, caused him to suffer from brachial neuritis, with residual effects lasting more than six months. The respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $75,000.00 in damages. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical findings supporting the petitioner's claim or the respondent's denial. The theory of causation is unclear from the provided text, as the case was resolved via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00960-0
Date issued/filed: 2016-03-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/25/2016) regarding 15 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:15-vv-00960-UNJ Document 22 Filed 03/17/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-960V
Filed: February 25, 2016
Not for Publication
*************************************
ROBERT PETTERSON *
*
Petitioner, *
Damages decision based on
*
stipulation; influenza (flu) vaccine;
v. *
brachial neuritis
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Kyle M. Moore, Gainesville, GA, for petitioner.
Darryl R. Wishard, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On February 24, 2016, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that he suffered from
brachial neuritis that was caused by his receipt of influenza (“flu”) vaccine on September 12,
2012. 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 brachial neuritis 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’s 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.
1

Case 1:15-vv-00960-UNJ Document 22 Filed 03/17/16 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
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
$75,000.00, 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 $75,000.00 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: February 25, 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

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