VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01185 Package ID: USCOURTS-cofc-1_15-vv-01185 Petitioner: Ronny Dean Linebarger Filed: 2015-10-13 Decided: 2017-04-26 Vaccine: trivalent influenza Vaccination date: 2012-10-17 Condition: Parsonage-Turner syndrome/brachial neuritis Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Ronny Dean Linebarger filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2015. He alleged that he developed Parsonage-Turner syndrome/brachial neuritis after receiving a trivalent influenza vaccine on October 17, 2012. The respondent denied that the influenza immunization caused petitioner's alleged injuries. The public decision does not describe the petitioner's counsel, respondent's counsel, or the specific onset of symptoms, medical tests, or treatments. However, on December 21, 2016, the parties filed a joint stipulation for damages. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mr. Linebarger was awarded a lump sum of $100,000.00 as compensation for all items of damages, payable to the petitioner. Theory of causation field: Petitioner Ronny Dean Linebarger received a trivalent influenza vaccine on October 17, 2012, and subsequently alleged development of Parsonage-Turner syndrome/brachial neuritis. The respondent denied causation. The parties filed a joint stipulation for damages, and Chief Special Master Nora Beth Dorsey adopted it as the decision of the Court. Petitioner was awarded $100,000.00. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01185-0 Date issued/filed: 2017-04-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/21/2016) regarding 56 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01185-UNJ Document 67 Filed 04/26/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1185V Filed: December 21, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * RONNY DEAN LINEBARGER, * * Petitioner, * Joint Stipulation on Damages; v. * Trivalent Influenza (“Flu”) Vaccine; * Brachial Neuritis; Parsonage-Turner SECRETARY OF HEALTH * Syndrome; Special Processing Unit AND HUMAN SERVICES, * (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Randall Turner, Bailey & Galyen, Fort Worth, TX, for petitioner. Danielle Sgro, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On October 13, 2015, 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 alleged that he developed injuries, including Parsonage- Turner syndrome/brachial neuritis after receiving the trivalent influenza vaccine on October 17, 2012. Petition at 1; see also Stipulation, filed Dec. 21, 2016, at ¶¶ 1-2, 4. Petitioner further alleged that he received the trivalent influenza vaccine in the United States, that he suffered the effects of his injury for more than six months, and that neither he nor any other party has filed any other action or received compensation for his injury, alleged as vaccine caused. Petition at ¶¶ 2, 28-30; see also Stipulation at ¶¶ 3-5. “Respondent denies that the influenza immunization is the cause of petitioner’s alleged Parsonage-Turner syndrome or any other injury or condition.” Stipulation at ¶ 6. 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-01185-UNJ Document 67 Filed 04/26/17 Page 2 of 7 Nevertheless, on December 21, 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. The parties stipulate that petitioner shall receive the following compensation: A lump sum of $100,000.00 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 § 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 Case 1:15-vv-01185-UNJ Document 67 Filed 04/26/17 Page 3 of 7 Case 1:15-vv-01185-UNJ Document 67 Filed 04/26/17 Page 4 of 7 Case 1:15-vv-01185-UNJ Document 67 Filed 04/26/17 Page 5 of 7 Case 1:15-vv-01185-UNJ Document 67 Filed 04/26/17 Page 6 of 7 Case 1:15-vv-01185-UNJ Document 67 Filed 04/26/17 Page 7 of 7