VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00971
Package ID: USCOURTS-cofc-1_16-vv-00971
Petitioner: William Dye
Filed: 2017-05-23
Decided: 2017-12-18
Vaccine: influenza
Vaccination date: 2015-11-30
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 82000

AI-assisted case summary:
William Dye filed a petition for compensation under the National Vaccine Injury Compensation Program on August 10, 2016. He alleged that he suffered injuries causally related to a seasonal influenza vaccination he received on November 30, 2015. His alleged injury was Shoulder Injury Related to Vaccine Administration (SIRVA). Mr. Dye stated that he received the influenza vaccine in the United States, that the effects of his injuries lasted for more than six months, and that neither he nor any other party had filed a civil action or received compensation for his alleged vaccine-caused injuries. The respondent denied that the petitioner's alleged injury was caused-in-fact by his flu vaccination and denied that the vaccine caused any other injury or his current condition. Despite the respondent's denial, on May 23, 2017, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Mr. Dye was awarded a lump sum of $82,000.00, payable by check to the petitioner. This amount represents compensation for all items of damages available under the Vaccine Act. The decision was issued on December 18, 2017. Petitioner was represented by Isaiah Kalinowski of Maglio, Christopher & Toale, PA, and respondent was represented by Alexis Babcock of the U.S. Department of Justice.

Theory of causation field:
William Dye filed a petition alleging injury, Shoulder Injury Related to Vaccine Administration (SIRVA), causally related to an influenza vaccine received on November 30, 2015. The respondent denied causation. The parties filed a joint stipulation for compensation, which the Special Master adopted. The award was $82,000.00. The public text does not describe the specific theory of causation, medical experts, or the mechanism of injury. Petitioner counsel was Isaiah Kalinowski, respondent counsel was Alexis Babcock, and the Special Master was Nora Beth Dorsey. The decision date was December 18, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00971-0
Date issued/filed: 2017-12-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/23/2017) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-00971-UNJ Document 37 Filed 12/18/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0971V
Filed: May 23, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
WILLIAM DYE, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher & Toale, PA (DC), Washington, DC, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 10, 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 he suffered injuries causally related to the
seasonal influenza vaccination he received on November 30, 2015. Petition at 1, ¶¶ 3,
13; see also Stipulation, filed May 23, 2017, at ¶¶ 1-2, 4. Petitioner further alleged that
he received the influenza vaccine in the United States, that he suffered the effects of his
injuries for more than six months, and that neither he nor any other party has filed a civil
action or received compensation for his injuries, alleged as vaccine caused. Petition at
¶¶ 3, 12, 16-17; see also Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s
alleged injury was caused-in-fact by his flu vaccination, and denies that the vaccine
caused any other injury or his current 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-00971-UNJ Document 37 Filed 12/18/17 Page 2 of 7
Nevertheless, on May 23, 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 $82,000.00 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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