VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01340
Package ID: USCOURTS-cofc-1_15-vv-01340
Petitioner: Kevin Finnegan
Filed: 2015-11-06
Decided: 2016-10-31
Vaccine: influenza
Vaccination date: 2015-01-06
Condition: left shoulder injury, later diagnosed as brachial neuritis
Outcome: compensated
Award amount USD: 82500

AI-assisted case summary:
Kevin Finnegan filed a petition for compensation under the National Vaccine Injury Compensation Program on November 6, 2015, alleging that he sustained a left shoulder injury, later diagnosed as brachial neuritis, as a result of receiving an influenza vaccine on January 6, 2015. He further alleged that he suffered residual effects from this injury for more than six months. The respondent denied that the flu vaccine caused petitioner's alleged shoulder injury and residual effects. Nevertheless, on August 18, 2016, the parties filed a joint stipulation for compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Kevin Finnegan was awarded a lump sum of $82,500.00 as compensation for all items of damages. The decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kevin Finnegan alleged that an influenza vaccine administered on January 6, 2015, caused a left shoulder injury, later diagnosed as brachial neuritis, with residual effects lasting more than six months. Respondent denied that the vaccine caused the alleged injury or its residual effects. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury. Compensation was awarded in the amount of $82,500.00 as a lump sum. The decision date was October 31, 2016, with the stipulation filed on August 18, 2016. Petitioner's counsel was Amber Diane Wilson, and respondent's counsel was Jennifer Leigh Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01340-0
Date issued/filed: 2016-10-31
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/18/2016) regarding 28 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01340-UNJ Document 33 Filed 10/31/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1340V
Filed: August 18, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KEVIN FINNEGAN, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Left
* Shoulder Injury; Brachial Neuritis;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 6, 2015, Kevin Finnegan (“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 alleges that he sustained a left
shoulder injury, later diagnosed as brachial neuritis as a result of receiving an influenza
(“flu”) vaccine on January 6, 2015. Petition at 1-2; Stipulation, filed August 18, 2016, at
¶ 4. Petitioner further alleges that he suffered the residual effects of his alleged injury
for more than six months.” Petition at 2; Stipulation at ¶ 4. “Respondent denies that
petitioner’s alleged shoulder injury and residual effects were caused-in-fact by the flu
vaccine. Respondent further denies that the flu vaccine caused petitioner any other
injury or his current condition.” Stipulation at ¶ 6.
Nevertheless, on August 18, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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).
1

Case 1:15-vv-01340-UNJ Document 33 Filed 10/31/16 Page 2 of 7
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 $82,500.00, 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 42 U.S.C. § 300aa-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

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