VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01442
Package ID: USCOURTS-cofc-1_15-vv-01442
Petitioner: J.B.
Filed: 2017-02-15
Decided: 2017-03-15
Vaccine: influenza
Vaccination date: 
Condition: Transverse Myelitis
Outcome: compensated
Award amount USD: 1088

AI-assisted case summary:
On February 15, 2017, Nikysha Cyrus, as the natural guardian and legal representative of her minor son, J.B., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that J.B. suffered from transverse myelitis following an influenza vaccination. The parties, Petitioner and Respondent (Secretary of Health and Human Services), filed a stipulation agreeing to a settlement. Special Master George L. Hastings reviewed the stipulation and concluded it was appropriate. The decision, entered by stipulation on March 15, 2017, awarded compensation to J.B. The award consisted of two lump sum payments: $328.00 for past unreimbursable expenses, payable to Nikysha Cyrus, and $760.80 to reimburse a lien for services rendered by the Commonwealth of Pennsylvania, payable jointly to Nikysha Cyrus and the Commonwealth of Pennsylvania. The remaining damages available under the program were to be paid in the form of an annuity contract for J.B.'s benefit, to be purchased as soon as practicable after the entry of judgment. The specific terms and conditions for the annuity contract, including criteria for the life insurance company, were detailed in the stipulation. The public decision does not describe the specific date of vaccination, the onset of symptoms, clinical details of the transverse myelitis, any specific medical tests performed, or treatments received. It also does not name the petitioner's counsel or the respondent's counsel.

Theory of causation field:
The case involves a petition filed on February 15, 2017, by Nikysha Cyrus on behalf of her minor son, J.B., alleging transverse myelitis following an influenza vaccination. The parties reached a stipulation for compensation, which was approved by Special Master George L. Hastings on March 15, 2017. The award included a lump sum of $328.00 for past unreimbursable expenses and $760.80 for reimbursement of a lien from the Commonwealth of Pennsylvania, plus an annuity for J.B.'s benefit. The public text does not specify the vaccination date, the onset of symptoms, the specific medical mechanism of injury, or any expert testimony. The theory of causation is not detailed in the provided public decision, as the case was resolved by stipulation.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-01442-0
Date issued/filed: 2017-03-15
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 2/15/17) regarding 29 DECISION Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01442-UNJ Document 37 Filed 03/15/17 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1442V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
NIKYSHA CYRUS, as natural *
guardian and legal representative *
of her minor son, J.B., *
*
Petitioner, * Filed: February 15, 2017
*
v. * Decision by Stipulation;
* Damages; Influenza Vaccine;
SECRETARY OF HEALTH AND * Transverse Myelitis
HUMAN SERVICES *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
DECISION
HASTINGS, Special Master.
This is an action seeking an award under the National Vaccine Injury Compensation
Program1 on account of an injury suffered by J.B., the son of Nikysha Cyrus. On February 13,
2017, counsel for both parties filed a Stipulation, stipulating that a decision should be entered
granting compensation. The parties have stipulated that Petitioner shall receive the following
compensation for all damages that would be available under 42 U.S.C. '300aa-15(a):
1. Lump Sums
a. Respondent shall make a lump sum payment of $328.00, in the form of a
check payable to Petitioner, Nikysha Cyrus, representing compensation for
past unreimbursable expenses.
1 The applicable statutory provisions defining the Program are found at 42 U.S.C. § 300aa-10
et seq. (2012 ed.). Hereinafter, for ease of citation, all "§" references will be to 42 U.S.C. (2012
ed.).

Case 1:15-vv-01442-UNJ Document 37 Filed 03/15/17 Page 2 of 10
b. Respondent shall make a lump sum payment of $760.80, which represents
reimbursement of a lien for services rendered on behalf of Petitioner, in the
form of a check payable jointly to Petitioner, Nikysha Cyrus, and
Commonwealth of Pennsylvania
Bureau of Program Integrity
Division of Third Party Liability
Recovery Section
P.O. Box 8486
Harrisburg, PA 17105-8486
Attn: Kelly I. Long
CIS # 250174427.
2. Annuity
I consider it in best interest of J.B. that all remaining damages available under 42 U.S.C.
'300aa-15(a) be paid in the form of an annuity contract, which shall be purchased as soon as
practicable after entry of judgment. Accordingly, pursuant to 42 U.S.C. § 300aa-15(f)(4), I order
Respondent to purchase, and take ownership of, an annuity contract,2 as described below.
Each Life Insurance Company must meet the following criteria:
1) have a minimum of $250,000,000 of capital and surplus, exclusive of any mandatory
security valuation reserve; and
2) have one of the following ratings from two of the following rating organizations:
a) A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b) Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c) Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA,
AA+, or AAA;
d) Fitch Credit Rating Company, Insurance Company Claims-Paying Ability Rating:
AA-, AA, AA+, or AAA.
The Secretary of Health and Human Services shall purchase an annuity contract from the Life
Insurance Company for the benefit of J.B., pursuant to which the Life Insurance Company will
agree to make payments periodically to J.B., as described in paragraph 10 of the attached
Stipulation.
Under the statute governing the Program, as well as the “Vaccine Rules” adopted by this
court, the special master must now enter a decision endorsing that Stipulation, and the clerk must
2To satisfy the conditions set forth herein, in respondent’s discretion, respondent may purchase
one or more annuity contracts from one or more life insurance companies.

Case 1:15-vv-01442-UNJ Document 37 Filed 03/15/17 Page 3 of 10
enter judgment, in order to authorize payment of the award. See § 300aa-12(d)(3)(A) and (e)(3);
§ 300aa-13(a); Vaccine Rules 10(a), 11(a).3
I have reviewed the file, and based on that review, I conclude that the parties’ Stipulation
appears to be an appropriate one. My decision is that a Program award shall be partly in the
form of lump sum payments, and partly in the form of an annuity. Accordingly, pursuant to the
terms of the parties’ Stipulation, I award Petitioner:
• a lump sum payment of $328.00, in the form of a check payable to
Petitioner;
• a lump sum payment of $760.80, in the form of a check payable jointly to
Petitioner and the Commonwealth of Pennsylvania, as described above in
paragraph 1(b); and
• an annuity contract, pursuant to which the Life Insurance Company will make
periodic payments to J.B., as described in paragraph 10 of the attached
Stipulation.
In the absence of a timely-filed motion for review of this Decision, the Clerk of this court shall
enter judgment in accordance herewith.
IT IS SO ORDERED.
/s/ George L. Hastings, Jr.
George L. Hastings, Jr.
Special Master
3The “Vaccine Rules of the United States Court of Federal Claims” are found in Appendix B of
the Rules of the United States Court of Federal Claims.

Case 1:15-vv-01442-UNJ Document 37 Filed 03/15/17 Page 4 of 10

Case 1:15-vv-01442-UNJ Document 37 Filed 03/15/17 Page 5 of 10

Case 1:15-vv-01442-UNJ Document 37 Filed 03/15/17 Page 6 of 10

Case 1:15-vv-01442-UNJ Document 37 Filed 03/15/17 Page 7 of 10

Case 1:15-vv-01442-UNJ Document 37 Filed 03/15/17 Page 8 of 10

Case 1:15-vv-01442-UNJ Document 37 Filed 03/15/17 Page 9 of 10

Case 1:15-vv-01442-UNJ Document 37 Filed 03/15/17 Page 10 of 10