VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01325
Package ID: USCOURTS-cofc-1_15-vv-01325
Petitioner: David M. Reyburne
Filed: 2016-09-13
Decided: 2016-09-13
Vaccine: influenza
Vaccination date: 2012-11-06
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
David M. Reyburne filed a petition on September 13, 2016, alleging that an influenza vaccine administered on November 6, 2012, caused him to develop brachial neuritis, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Reyburne's brachial neuritis or any other injury. Despite the denial, the parties reached a settlement through a stipulation. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Mr. Reyburne a lump sum of $105,000.00, representing compensation for all damages available under the National Vaccine Injury Compensation Program. This award was made payable to Mr. Reyburne. The decision was issued on September 13, 2016, and the public decision was filed on October 11, 2016. Ramon Rodriguez, III, represented the petitioner, and Lara A. Englund represented the respondent. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner David M. Reyburne alleged that an influenza vaccine received on November 6, 2012, caused him to develop brachial neuritis with residual effects lasting over six months. Respondent denied causation. The parties resolved the case via stipulation, and Special Master Laura D. Millman awarded $105,000.00 as compensation for all damages. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The award was a lump sum payable to the petitioner. The decision date was September 13, 2016. Petitioner's counsel was Ramon Rodriguez, III, and respondent's counsel was Lara A. Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01325-0
Date issued/filed: 2016-10-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/13/2016) regarding 19 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:15-vv-01325-UNJ Document 23 Filed 10/11/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1325V
Filed: September 13, 2016
Not for Publication
*************************************
DAVID M. REYBURNE, *
*
Petitioner, *
* Damages decision based on
v. * stipulation; influenza (“flu”)
* vaccine; brachial neuritis
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Ramon Rodriguez, III, Richmond, VA, for petitioner.
Lara A. Englund, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On September 13, 2016, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that his receipt of
influenza (“flu”) vaccine on November 6, 2012 caused him to develop brachial neuritis. 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 condition. 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-01325-UNJ Document 23 Filed 10/11/16 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court adopts the
parties’ attached stipulation and awards compensation in the amount and on the terms set forth in
the stipulation. Pursuant to the stipulation, the court awards a lump sum of
$105,000.00, 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 $105,000.00 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: September 13, 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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