VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00619
Package ID: USCOURTS-cofc-1_16-vv-00619
Petitioner: Melissa Goyne
Filed: 2017-10-27
Decided: 2018-02-14
Vaccine: Tdap and influenza
Vaccination date: 2014-11-14
Condition: axillary nerve injury in her left shoulder
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Melissa Goyne filed a petition on October 27, 2017, alleging that she suffered an axillary nerve injury in her left shoulder caused by tetanus, diphtheria, acellular pertussis (Tdap) and/or influenza (flu) vaccinations she received on November 14, 2014. Goyne stated she received the vaccinations in the United States, suffered residual effects for more than six months, and had not received any prior award or settlement for a vaccine-caused injury. The respondent denied that the vaccinations caused her alleged injury. The parties subsequently filed a joint stipulation for damages, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey adopted the stipulation and awarded Melissa Goyne a lump sum of $60,000.00 for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent counsel was Traci R. Patton of the U.S. Department of Justice.

Theory of causation field:
Petitioner Melissa Goyne alleged an axillary nerve injury in her left shoulder caused by Tdap and/or influenza vaccinations received on November 14, 2014. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation and awarded $60,000.00. The public decision does not specify the theory of causation, whether it was an "on-Table" or "off-Table" injury, or name any medical experts. The award was based on a stipulation between petitioner Melissa Goyne, represented by Paul R. Brazil, and respondent, represented by Traci R. Patton.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00619-0
Date issued/filed: 2018-02-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/27/2017) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-00619-UNJ Document 37 Filed 02/14/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0619V
Filed: October 27, 2017
UNPUBLISHED
MELISSA GOYNE,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Tetanus
Petitioner,
Diphtheria acellular Pertussis (Tdap)
v.
Vaccine; Influenza (Flu) Vaccine;
Axillary Nerve Injury; Shoulder Injury
SECRETARY OF HEALTH AND
Related to Vaccine Administration
HUMAN SERVICES,
(SIRVA)
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 25, 2016, 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 she suffered an axillary nerve injury in her left shoulder
caused in fact by tetanus, diphtheria, acellular pertussis (“Tdap”) and/or influenza (“flu”)
vaccinations she received on November 14, 2014. Petition at 1, ¶¶ 2, 4, 17; Stipulation,
filed Oct. 27, 2017, at ¶¶ 2, 4. Petitioner further alleges that she received the
vaccinations in the United States, that she suffered the residual effects of her injury for
more than six months, and that she has never received any award or settlement for her
injury alleged as vaccine caused. Petition at ¶¶ 2, 4, 19; Stipulation at ¶¶ 3-5.
“Respondent denies that the Tdap and/or flu immunization(s) are/is the cause of
petitioner’s alleged axillary nerve injury 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 1:16-vv-00619-UNJ Document 37 Filed 02/14/18 Page 2 of 7
Nevertheless, on October 27, 2017, 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.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $60,000.00 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

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