VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01076
Package ID: USCOURTS-cofc-1_15-vv-01076
Petitioner: James H. Daly
Filed: 2015-09-25
Decided: 2016-09-22
Vaccine: influenza
Vaccination date: 2013-10-02
Condition: brachial plexopathy
Outcome: compensated
Award amount USD: 115000

AI-assisted case summary:
On September 25, 2015, James H. Daly filed a petition under the National Vaccine Injury Compensation Program, alleging he suffered from brachial plexopathy as a result of receiving an influenza vaccine on October 2, 2013. He further alleged that the residual effects of this injury persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr. Daly's alleged brachial plexopathy or any other injury. Despite maintaining their respective positions, both parties agreed to settle the matter. They stipulated that the influenza vaccine is listed on the Vaccine Injury Table. The Special Master reviewed the file and found the stipulation to be reasonable, adopting its terms as the decision in the case. The stipulation awarded James H. Daly a lump sum of $115,000.00 as compensation for all damages. Petitioner was represented by Kristin M. Cafferty of Habush, Habush & Rottier, S.C., and Respondent was represented by Ann D. Martin of the U.S. Department of Justice. Special Master Brian H. Corcoran issued the decision on September 22, 2016.

Theory of causation field:
Petitioner James H. Daly received an influenza vaccine on October 2, 2013, and alleged he suffered from brachial plexopathy, with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to settle the case, agreeing that the influenza vaccine is on the Vaccine Injury Table. The Special Master adopted the stipulation, awarding $115,000.00 in lump sum compensation for all damages. Petitioner's counsel was Kristin M. Cafferty, and Respondent's counsel was Ann D. Martin. Special Master Brian H. Corcoran issued the decision on September 22, 2016. The public decision does not describe the specific medical mechanism of injury, expert testimony, or detailed clinical findings.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01076-0
Date issued/filed: 2016-09-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/18/2016) Regarding 20 DECISION - Stipulation. (Signed by Special Master Brian H. Corcoran.) (ed) Copy to parties.
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Case 1:15-vv-01076-UNJ Document 24 Filed 09/22/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1076V
* * * * * * * * * * * * * * * * * * * * * * * * *
* Special Master Corcoran
JAMES H. DALY, *
*
Petitioner, * Filed: August 18, 2016
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine;
AND HUMAN SERVICES, * Brachial Plexopathy.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Kristin M. Cafferty, Habush, Habush & Rottier, S.C., Racine, WI, for Petitioner.
Ann D. Martin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 25, 2015, James H. Daly filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he
suffered from brachial plexopathy as a result of his October 2, 2013, receipt of the influenza (“flu”)
vaccine. Moreover, Petitioner alleges that he experienced residual effects of this injury for more
than six months.
Respondent denies that the flu vaccine caused Petitioner’s alleged brachial plexopathy, or
any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed
1 Because this decision contains a reasoned explanation for my actions in this case, I will 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 (2012). As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain
kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which
to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial
in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which
would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will
be available to the public. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:15-vv-01076-UNJ Document 24 Filed 09/22/16 Page 2 of 7
in a stipulation (filed on August 16, 2016) that the issues before them could be settled, and that a
decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
 A lump sum of $115,000.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amount set forth above to be made 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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

Case 1:15-vv-01076-UNJ Document 24 Filed 09/22/16 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JAMES H. DALY, )
)
Petitioner, )
) No. 15-1076V
v. ) Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, James H. Daly, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of the influenzavaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§ 100.3(a).
2. Petitioner received the influenza vaccine on October 2, 2013.
3. The vaccine was administered in the United States.
4. Petitioner alleges that he suffered brachial plexopathy as a result of the influenza
vaccine. Petitioner further alleges that he experienced residual effects of this condition for more
than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his injury.
6. Respondent denies that petitioner’s influenza vaccine caused brachial plexopathy or
any other injury.

Case 1:15-vv-01076-UNJ Document 24 Filed 09/22/16 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless nowagree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $115,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
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Case 1:15-vv-01076-UNJ Document 24 Filed 09/22/16 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be usedsolely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the influenza vaccine administered on or about October 2,
2013,as alleged by petitioner in a petition for vaccine compensation filed on or about September
25, 2015, in the United States Court of Federal Claims as petition No. 15-1076V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
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Case 1:15-vv-01076-UNJ Document 24 Filed 09/22/16 Page 6 of 7
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulationshall not be construed as an admission by the United States or the
Secretary of Health and Human Services that an influenza vaccine caused petitioner to develop
brachial plexopathy or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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