VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01347 Package ID: USCOURTS-cofc-1_16-vv-01347 Petitioner: Irvin Walser Filed: 2017-03-28 Decided: 2017-11-17 Vaccine: influenza Vaccination date: 2016-02-04 Condition: Parsonage-Turner syndrome and brachial neuritis Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Irvin Walser filed a petition for compensation under the National Vaccine Injury Compensation Program on October 14, 2016. He alleged that he suffered an injury to his right shoulder, including Parsonage-Turner syndrome and brachial neuritis, as a result of receiving an influenza ("flu") vaccine and a Tdap (tetanus/diphtheria/pertussis) vaccine on February 4, 2016. Mr. Walser further alleged that his injury persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu and/or Tdap immunizations caused Mr. Walser's alleged injuries or any other injuries. Despite the denial, on March 28, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The parties stipulated that Mr. Walser would receive a lump sum of $75,000.00, payable to him, as compensation for all items of damages. The Chief Special Master approved this amount and directed that judgment be entered accordingly. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Nancy Routh Meyers represented the petitioner, and Daniel Anthony Principato represented the respondent. The decision was issued on November 17, 2017. Theory of causation field: Petitioner Irvin Walser alleged that influenza and Tdap vaccines administered on February 4, 2016, caused his right shoulder injury, including Parsonage-Turner syndrome and brachial neuritis, which persisted for more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey on November 17, 2017. The stipulation awarded a lump sum of $75,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Nancy Routh Meyers, and respondent was represented by Daniel Anthony Principato. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01347-0 Date issued/filed: 2017-11-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/28/2017) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-01347-UNJ Document 26 Filed 11/17/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1347V Filed: March 28, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * IRVIN WALSER, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Tetanus, * Diphtheria, Pertussis (“Tdap”) Vaccine; SECRETARY OF HEALTH * Parsonage-Turner Syndrome; Brachial AND HUMAN SERVICES, * Neuritis; Special Processing Unit * (“SPU”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner. Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On October 14, 2016, Irvin Walser (“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 an injury to his right shoulder, including Parsonage-Turner syndrome and brachial neuritis, as a result of an influenza (“flu”) and Tdap (tetanus/diphtheria/pertussis) vaccines administered to him on February 4, 2016. Petition at 1-2; Stipulation, filed March 28, 2017, at ¶ 4. Petitioner further alleges that his injury persisted more than six months. Petition at 2; Stipulation at ¶ 4. “Respondent denies that the flu and/or Tdap immunizations are the cause of petitioner’s alleged Parsonage-Turner syndrome/brachial neuritis, and/or any other injuries.” 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-01347-UNJ Document 26 Filed 11/17/17 Page 2 of 7 Nevertheless, on March 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. The parties stipulate that petitioner shall receive the following compensation: A lump sum of $75,000.00, 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 Case 1:16-vv-01347-UNJ Document 26 Filed 11/17/17 Page 3 of 7 Case 1:16-vv-01347-UNJ Document 26 Filed 11/17/17 Page 4 of 7 Case 1:16-vv-01347-UNJ Document 26 Filed 11/17/17 Page 5 of 7 Case 1:16-vv-01347-UNJ Document 26 Filed 11/17/17 Page 6 of 7 Case 1:16-vv-01347-UNJ Document 26 Filed 11/17/17 Page 7 of 7