VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00114
Package ID: USCOURTS-cofc-1_16-vv-00114
Petitioner: Robert Garcia
Filed: 2016-08-31
Decided: 2016-11-02
Vaccine: influenza
Vaccination date: 2014-09-13
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Robert Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on August 31, 2016, alleging that he sustained a vaccine-related injury diagnosed as brachial neuritis caused by the influenza vaccine he received on September 13, 2014. Mr. Garcia stated that the vaccine was administered in the United States and that he experienced residual effects for more than six months, with no prior award or settlement for his condition. The respondent, the Secretary of Health and Human Services, denied that the petitioner's brachial neuritis and its residual effects were caused by the flu vaccine, and also denied that the vaccine caused any other injury or his current condition. Despite the respondent's denial, the parties filed a joint stipulation for damages on August 30, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Robert Garcia was awarded a lump sum of $150,000.00, payable to him, as compensation for all items of damages. The decision was entered on November 2, 2016. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Adriana R. Teitel.

Theory of causation field:
Petitioner Robert Garcia alleged that his brachial neuritis, diagnosed after receiving an influenza vaccine on September 13, 2014, was caused-in-fact by the vaccine. Respondent denied this causal link. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. Petitioner was awarded $150,000.00. The theory of causation was "Off-Table." The public decision does not detail the specific medical mechanism, expert testimony, or evidence considered beyond the stipulation. The decision was entered on November 2, 2016, by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Adriana R. Teitel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00114-0
Date issued/filed: 2016-11-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/31/2016) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00114-UNJ Document 29 Filed 11/02/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-114V
Filed: August 31, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT GARCIA, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Brachial
* Neuritis; Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Adriana R. Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 27, 2016, Robert Garcia (“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 vaccine-
related injury diagnosed as brachial neuritis that was caused-in-fact by the influenza
(“flu”) vaccine he received on September 13, 2014. Pet. at ¶ 21; Stip., filed Aug. 30,
2016, at ¶¶ 1, 2, 4. Petitioner further states that the vaccine was administered in the
United States, that he experienced the residual effects of his injury for more than six
months, and that there has been no prior award or settlement of a civil action for
damages as a result of his condition. Pet. at ¶¶ 3, 21, 22; Stip. at ¶¶ 3-5. Respondent
denies that petitioner’s brachial neuritis and its residual effects were caused-in-fact by
his flu vaccine. Respondent further denies that the vaccine caused petitioner any other
injury or his current condition. Stip. 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 1:16-vv-00114-UNJ Document 29 Filed 11/02/16 Page 2 of 7
Nevertheless, on August 30, 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 $150,000.00 in the form of a check payable to petitioner,
Robert Garcia. Stip. 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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