VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01041
Package ID: USCOURTS-cofc-1_16-vv-01041
Petitioner: Michael Bates
Filed: 2017-11-28
Decided: 2018-02-28
Vaccine: influenza
Vaccination date: 2014-10-14
Condition: cyst and/or abscess
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Michael Bates filed a petition for compensation under the National Vaccine Injury Compensation Program on August 22, 2016, alleging that he suffered from a cyst and/or abscess as a result of receiving an influenza vaccine on October 14, 2014. He further alleged that his vaccine-related injuries lasted more than six months. The respondent denied that the immunization caused his condition. Nevertheless, on November 28, 2017, the parties filed a joint stipulation for compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Michael Bates was awarded a lump sum of $15,000.00, payable to him, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner counsel was Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent counsel was Justine Elizabeth Walters of the U.S. Department of Justice.

Theory of causation field:
Petitioner Michael Bates alleged that he suffered a cyst and/or abscess as a result of an influenza vaccine received on October 14, 2014, and that the injury lasted more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $15,000.00. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The case was filed on August 22, 2016, and the decision was issued on February 28, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01041-0
Date issued/filed: 2018-02-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/28/2017) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01041-UNJ Document 34 Filed 02/28/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1041V
Filed: November 28, 2017
UNPUBLISHED
MICHAEL BATES,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Cyst; Abscess
v.
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 22, 2016, Michael Bates (“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 suffered from a cyst and/or
abscess as a result of receiving an influenza (“flu”) vaccine on October 14, 2014.
Petition at 1-3; Stipulation, filed November 28, 2017, at ¶ 2, 4. Petitioner further alleges
that his vaccine related injuries have lasted more than six months. Petition at 3.
“Respondent denies that the influenza immunization caused petitioner’s cyst or abscess
or any other injury or his current condition. ” Stipulation at ¶ 6.
Nevertheless, on November 28, 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.
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-01041-UNJ Document 34 Filed 02/28/18 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $15,000.00, 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 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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