VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01539
Package ID: USCOURTS-cofc-1_16-vv-01539
Petitioner: Alan L. Hayward
Filed: 2016-11-17
Decided: 2021-11-15
Vaccine: influenza
Vaccination date: 2013-11-20
Condition: left upper extremity weakness and significant loss of strength in his left arm and forearm
Outcome: compensated
Award amount USD: 35750

AI-assisted case summary:
Alan L. Hayward filed a petition for compensation on November 17, 2016, alleging that an influenza vaccine he received on November 20, 2013, caused him to develop left upper extremity weakness and significant loss of strength in his left arm and forearm, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injuries. The parties subsequently filed a joint stipulation for compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr. Hayward a lump sum payment of $35,750.00, payable by check to the petitioner, as compensation for all damages. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner's counsel was Richard H. Moeller of Moore, Heffernan, et al., and respondent's counsel was Dhairya D. Jani of the United States Department of Justice. The decision was issued on November 15, 2021.

Theory of causation field:
Petitioner Alan L. Hayward received an influenza vaccine on November 20, 2013, and alleged it caused left upper extremity weakness and significant loss of strength in his left arm and forearm, with residual effects lasting more than six months. This condition is considered a Table injury. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The award was a lump sum of $35,750.00. The public text does not specify the mechanism of injury, expert testimony, or detailed medical evidence supporting the theory of causation beyond it being a Table injury.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01539-1
Date issued/filed: 2020-11-10
Pages: 8
Docket text: PUBLIC RULING (Originally filed: 10/9/2020) regarding 137 Findings of Fact & Conclusions of Law. Signed by Special Master Christian J. Moran. (abs) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01539-UNJ Document 140 Filed 11/10/20 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
ALAN L. HAYWARD, *
* No. 16-1539V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: October 9, 2020
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Finding of Facts
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for petitioner;
Dhairya D. Jani, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED RULING FINDING FACTS1
Alan Hayward alleges that an influenza vaccination he received on November 20, 2013,
caused him to develop Parsonage-Turner syndrome, also known as brachial neuritis, leading to
left-hand weakness. Pet’r’s Br., filed Mar. 19, 2019, at 8, 13.2 The parties dispute when Mr.
Hayward began to experience left shoulder pain and weakness.
A hearing was held via video conferencing on May 21, 2020, to resolve the factual
dispute regarding onset. See Campbell v. Sec’y of Health & Human Servs., 69 Fed. Cl. 775,
779-80 (2006) (noting the efficacy of holding a hearing in cases where testimony and medical
records conflict). Mr. Hayward testified at the hearing along with Rebecca Van Slyke, who lives
with Mr. Hayward. The undersigned has considered all the evidence including the testimony
from that hearing. The evidence presented below is the evidence most relevant to determining
onset.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website (https://www.uscfc.uscourts.gov/aggregator/sources/7). This posting will make the
decision accessible to anyone via the internet. Pursuant to Vaccine Rule 18(b), the parties have
14 days to file a motion proposing redaction of medical information or other information
described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will
appear in the document posted on the website.
2 Mr. Hayward initially defined his injury as the limited function and use of his left hand.
Pet., filed Nov. 17, 2016, at 3. Mr. Hayward testified that his left hand is “severely limited” and
his left arm is “very functional.” Tr. 26-27.

Case 1:16-vv-01539-UNJ Document 140 Filed 11/10/20 Page 2 of 8
Pursuant to well-established standards for determining when events did or did not
happen, see Sanchez v. Sec’y of Health & Human Servs., No. 11-685V, 2013 WL 1880825, at
*2 (Fed. Cl. Spec. Mstr. Apr. 10, 2013), mot. for rev. denied, 142 Fed. Cl. 247, 251-52 (2019),
vacated on other grounds and remanded, 809 Fed. Appx. 843 (Fed. Cir. Apr. 7, 2020), the
undersigned finds how the evidence preponderates. In setting forth the findings, the undersigned
also cites to the primary evidence that is the basis for the finding. The undersigned recognizes
that not all evidence is entirely consistent with these findings. See Doe 11 v. Sec’y of Health &
Human Servs., 601 F.3d 1349, 1355 (Fed. Cir. 2010) (ruling that the special master’s fact-finding
was not arbitrary despite some contrary evidence). Indeed, it is the presence of inconsistent
evidence that dictated a proceeding to resolve factual disputes.
The undersigned resolves the disputed factual issues as follows: Mr. Hayward’s mild left
shoulder pain and left-hand weakness began on December 21, 2013.
Summary of Evidence
1. During the relevant time, Mr. Hayward was primarily self-employed as a
carpenter/contractor but also earned income from a side videography business, which
occupied less than ten percent of Mr. Hayward’s working hours. Tr. 21-23. In
October and November 2013, Mr. Hayward worked on the exterior of his sister’s lake
house for various time periods (hours worked on 13 different dates: 4, 1.5, 3.5, 5, 1, 3,
5, 3, 2.5, 3.5, 4.5, 1, and 2.5). Exhibit 170 at 1.
2. Both before and after the vaccination, Mr. Hayward primarily treated with a
chiropractor, Dr. Scott Nelson, for acute injuries and chronic issues. Mr. Hayward
had treated with Dr. Nelson since 2005/2006 and had treated with another
chiropractor before then. Tr. 129, 181. In 2012, Mr. Hayward had 15 chiropractic
appointments and had new injuries throughout the year. Exhibit 14 at 9-45. For a
majority of these injuries, Mr. Hayward sought chiropractic treatment within a few
days, if not the following day, and returned for continued treatment when an injury
persisted. Exhibit 14 at 9 (new injury from past two days), 11 (new injury from
yesterday), 14 (new injury from previous week), 18 (new injury from yesterday), 18-
24 (four treatments in eight days), 26-39 (six treatments in twenty days). In 2013
before the vaccination, Mr. Hayward sought chiropractic treatment eight times for
back pain ranging in severity from 2 to 7 of 10(10 being the most severe pain).
Exhibit 14 at 46-60. At a July 15, 2013 appointment, Mr. Hayward came in for
clicking and popping in his left knee but also reported lower and mid-back pain as 4
of 10. Exhibit 14 at 56. At an October 29, 2013 appointment, Dr. Nelson recorded
Mr. Hayward’s mid-back and neck pain as 4 of 10 and lower-back pain as 5 of 10
from raking outside. Exhibit 14 at 60.
3. Mr. Hayward received a flu vaccine in his left shoulder on November 20, 2013.
Exhibit 1 at 3. Soon after the vaccination, Mr. Hayward experienced some “very
minor discomfort” at the injection site, which then dissipated later that night or the
next day. Exhibit 6 (affidavit signed Nov. 14, 2016) ¶ 6. Exhibit 169 (affidavit
signed Oct. 24, 2019) ¶ 27; Tr. 39.
2

Case 1:16-vv-01539-UNJ Document 140 Filed 11/10/20 Page 3 of 8
4. On November 22, 2013, Mr. Hayward video-recorded an auction. Exhibit 176 at 2.
Mr. Hayward testified that he did not have any shoulder pain or hand weakness at that
time. Tr. 135.
5. In his first affidavit, Mr. Hayward attested that pain in his left shoulder and
intermittent pain in the left side of his neck started “later.” Exhibit 6 ¶ 7. In his most
recent affidavit, Mr. Hayward stated that a dull ache began in the upper front of his
left shoulder four or five days after the vaccination. Exhibit 169 ¶ 28. Mr. Hayward
testified that his aching front left shoulder pain began “several days” after the
vaccination and then after the “next few to several days” the pain proceeded to the
back of the left shoulder. Tr. 40-43. Ms. Van Slyke testified that Mr. Hayward was
experiencing shoulder pain before Thanksgiving, November 28, 2013. Tr. 172-73,
183.
6. In his first affidavit, Mr. Hayward stated that “within about a week,” the pain in his
left shoulder and neck were lessening, but he started losing strength in left hand.
Exhibit 6 ¶ 8. In his most recent affidavit, Mr. Hayward stated that “approximately
two weeks after the injection” (or “approximately the first week of December”), his
shoulder pain was beginning to dissipate, and he started to notice weakness in his left
hand. Exhibit 169 ¶ 33. Mr. Hayward testified that his shoulder pain began to lessen
five to eight days after the vaccination and he then began to feel a loss of strength in
his left hand at the “very end of November and by the beginning of December.” Tr.
44.
7. Mr. Hayward attributed an atypical gap in the work on his sister’s house from
November 19, 2013, to December 2, 2013 (12-day gap that includes Thanksgiving) to
the shoulder pain. Exhibit 169 ¶ 32; Tr. 52-53. Mr. Hayward noted that he usually
would try to minimize the amount of work done outside during this time of the year.
Tr. 52. According to Mr. Hayward’s pre-vaccination work records, he sometimes
worked consecutive days but also had a 5-day gap and a 11-day gap in his work on
his sister’s house. Exhibit 170 at 1.
8. On December 6, 2013, Mr. Hayward video-recorded an auction. Exhibit 176 at 3.
While he did not remember this videography job, Mr. Hayward reasoned that his
shoulder was not bad enough to cancel the job. Tr. 55.
9. Mr. Hayward returned to work on his sister’s house on Friday, December 12, 2013.
Exhibit 170 at 2. At that time, he testified that he could not pick up a nail out of his
apron due to his left-hand weakness. Tr. 60. During the following week, Mr.
Hayward worked at his sister’s house for three days. Exhibit 170 at 2. Mr. Hayward
testified that around this time, he did not have much pain remaining in his left
shoulder. Tr. 61.
10. After the vaccination, Mr. Hayward first saw his chiropractor, Dr. Nelson, on
December 23, 2013. Dr. Nelson recorded Mr. Hayward’s neck pain radiating to left
shoulder as 5 of 10 and mid-back pain as 5 of 10. Dr. Nelson quoted Mr. Hayward
saying that, “I was shoveling when I pulled my back out of place. I feel most of the
3

Case 1:16-vv-01539-UNJ Document 140 Filed 11/10/20 Page 4 of 8
pain in my upper left back and into my neck. I thought the pain would go away … but
it has been present for the past two days straight.” Exhibit 14 at 63. For his
chiropractor appointments, Mr. Hayward stated he did not remember the individual
visits but agreed with the accuracy of the records. Tr. 64-66, 73, 85. Mr. Hayward
agreed that Dr. Nelson was a good listener. Tr. 130. Mr. Hayward characterized his
neck pain as a separate pain from his shoulder pain and attributed the neck pain to
moving ladders around but did not know when the neck pain began. Tr. 66-68.
11. A few days later, Dr. Nelson recorded that “[Mr. Hayward has] been feeling the same
since [his] last visit. [He has] no strength in [his] left hand which is making it really
hard to do any of [his] daily activities or work. [He has] not used any ice on [his]
neck or shoulder because [he is] not having much pain just irritation due to not being
able to use [his] hand or [his] arm.” Exhibit 14 at 63.
12. On December 31, 2013, Mr. Hayward saw his primary care provider, Dr. Patrick
Dunlay, who recorded that “[Mr. Hayward] states that in approximately the last 10
days [December 21, 2013] he has lost about 80-99% grip strength in the left hand, as
well as fine motor control. He does not remember a particular event after this started.”
Exhibit 2 at 59. In Dr. Dunlay’s assessment and plan he determined that “Because of
acute onset of this finding I felt it was important that we have him see a neurologist as
soon as possible.” Id. Mr. Hayward disputed how Dr. Dunlay presented the onset of
his left-hand weakness (December 21, 2013), and asserted that this date was when his
left hand became the weakest, the nadir. Tr. 75-76. Mr. Hayward agreed that Dr.
Dunlay is a good doctor and a very good listener. Tr. 129.
13. Due to Dr. Dunlay’s concerns, Mr. Hayward saw Dr. Alirexa Yarahmadi, a
neurologist, on the same day. Dr. Yarahmadi recorded that Mr. Hayward “started
noticing new onset left hand weakness approximately 10 days ago,” and “Ten days
ago he noticed sudden weakness in his left hand only.” Exhibit 2 at 60-61. Dr.
Yarahmadi assessed Mr. Hayward as having “Chronic left upper extremity
weakness/atrophy related to remote cervical radiculopathy,” “chronic left shoulder
pain,” and offered a differential diagnosis of cervical radiculopathy, carpal tunnel
syndrome, and stroke. Id. Mr. Hayward disputed the 10 days prior onset recorded by
Dr. Yarahmadi but acknowledged the accuracy of other parts of the appointment
record. Tr. 77-78, 91-92.
14. At a January 2, 2014 appointment, Dr. Nelson recorded that Mr. Hayward had pain
radiating from his neck to left shoulder (4 of 10), that he felt a little better, and his
grip strength was a little better. Exhibit 4 at 66.
15. On January 22, 2014, Dr. David Beck, a neurologist, recorded that Mr. Hayward
“woke up in December [2013] with burning pain in his neck going into the left arm
and into his hand. His pain is resolved but he notices a very weak grip on the left and
some weakness of dorsiflexion of his hand. He may be getting a little better since this
started.” Exhibit 13 at 9. Mr. Hayward testified that the statement about when his
pain began was not accurate. Tr. 152-53.
4

Case 1:16-vv-01539-UNJ Document 140 Filed 11/10/20 Page 5 of 8
16. From the record of a January 23, 2014 physical therapy appointment, the therapist
noted Mr. Hayward “had a month of hand weakness” and the onset/exacerbation date
of his hand weakness was specified as December 20, 2013. Exhibit 3 at 218.
17. On February 12, 2014, Dr. Beck recorded that “[Mr. Hayward] now is almost 3
months out with increasing weakness in his left hand.” Exhibit 13 at 7.
18. On June 17, 2014, Mr. Hayward travelled to the Mayo Clinic to see Dr. Mohamed
Kazamel and Dr. Jennifer Tracy. Dr. Kazamel recorded that “in December 2013 [Mr.
Hayward] started to develop two types of pain. The first pain is dull aching in the
back of the left shoulder with no specific radiation. It was from 2 to 3/10 in severity
and now it became 1/10 in severity with no specific precipitating or relieving factor.
He has another type of pain which is sharp, shooting, electrical-like which is mainly
on the back of the neck on the left side.” Exhibit 9 at 43-45. Mr. Hayward agreed
with the accuracy of this medical record. Tr. 103-05. Dr. Tracy recorded that “[Mr.
Hayward] was well up until December 2013, when he developed a couple of different
types of symptoms. One was a dull, achy pain involving his left posterior shoulder
which was a 2/10 to 3/10, without any real radiating symptoms down the arm. This
gradually decreased to about a 1/10. Over a similar time period, he has had some
sharp, shooting electric pains in the back of his neck, without radiation. This can be
precipitated by looking to the right. Gradually over this same time period, he has
evolved left upper extremity weakness and atrophy, with significant weakness
particularly of his hand and fingers.” Exhibit 9 at 38. Mr. Hayward agreed with the
accuracy of this medical record. Tr. 108.
19. On the next day at the Mayo Clinic, Mr. Hayward saw Dr. Robert Spinner. Dr.
Spinner referred to Dr. Tracy’s history but also summarized that “[Mr. Hayward]
gradually developed left hand weakness and atrophy particularly affecting his hand
and fingers beginning in December [2013]. He had mild posterior shoulder pain at
the start, which gradually improved. He had an immunization one month earlier.”
Exhibit 9 at 33. Mr. Hayward generally endorsed the accuracy of this record but
questioned the description of his shoulder pain as “mild” while acknowledging that
the appointment “was a long time ago and I don’t recall specifically what I said to
[Dr. Spinner] at that point in time.” Tr. 110-11.
The remaining records do not inform the issue of onset.
Findings of Facts
After considering the witnesses’ testimony as well as the documentary evidence, the
undersigned finds that Mr. Hayward’s mild left shoulder pain and left-hand weakness began
on December 21, 2013. The primary reasons supporting this finding are as follows:
20. Mr. Hayward alleges the onset of severe left shoulder pain shortly after the November
20, 2013 vaccination. Exhibit 6 ¶ 7 (affidavit signed November 14, 2016:
5

Case 1:16-vv-01539-UNJ Document 140 Filed 11/10/20 Page 6 of 8
“develop[ed] pain in my left shoulder”); exhibit 17 ¶ 7 (affidavit signed January 4,
2017: “initially suffer[ed] pain in my left shoulder. The pain gradually became quite
severe”); exhibit 169 (affidavit signed October 24, 2019: “I began to feel pain in my
left shoulder … a dull, aching pain”); Tr. 67 (“a serious deep, dull ache that was in
the front and back shoulders), 111 (“I had some fairly severe posterior shoulder pain
at the start.”). Mr. Hayward’s post-vaccination medical records do not document the
onset of severe shoulder pain shortly after the vaccination that he alleges.
a. At his first post-vaccination chiropractic appointment on December 23, 2013,
Mr. Hayward reported neck pain radiating to his shoulder. He attributed the
shoulder pain to pulling his back while shoveling. Exhibit 14 at 62. Mr.
Hayward stated that “I thought the pain would go away … but it has been
present for the past two days straight,” which would place this neck/shoulder
pain beginning around December 21, 2013. Exhibit 14 at 62.
b. At his next chiropractic appointment on December 26, 2013, Mr. Hayward
noted that “[he had] been feeling the same since [his] last visit … I have not
used any ice on my neck or shoulder because I am not having much pain.”
Exhibit 14 at 63.
c. On the next day, Mr. Hayward complained to his chiropractor that “My
shoulder, arm, and hand are still really bothering me.” Exhibit 14 at 64.
d. On December 31, 2013, Dr. Dunlay recorded that Mr. Hayward had “a little
bit of tightness in the left neck area, which is chronic,” that there were “no
other pain issues or questions or concerns,” and mainly focused on Mr.
Hayward’s left-hand weakness. Exhibit 2 at 59. Later that day, aside from
the left-hand weakness concerns, Dr. Yarahmadi recorded that Mr. Hayward
had “aching in his shoulder, left more than right” and assessed that aching as
“chronic left shoulder pain.” Exhibit 2 at 60-61.
e. On January 22, 2014, Dr. David Beck, a neurologist, recorded that Mr.
Hayward “woke up in December [2013] with burning pain in his neck going
into the left arm and into his hand. His pain is resolved.” Exhibit 13 at 9.
f. During his Mayo Clinic consultations on June 17, 2014, Mr. Hayward
reported to two different neurologists that in December 2013 he developed a
“dull aching in the back of the left shoulder” with a 2-3 of 10 initial severity
that decreased to a 1 of 10 severity and had a sharp, shooting pain in the left
side of his neck with a severity of 8-9 of 10. Exhibit 9 at 43. On the next day,
a neurosurgeon characterized Mr. Hayward’s initial shoulder pain as “mild.”
Exhibit 9 at 33.
Mr. Hayward’s medical records provide insight on how he reacts to injuries and
severe pain. As documented in his chiropractic records, Mr. Hayward lived with
some level of chronic pain in his back and other areas before the vaccination and
had significant experience reporting symptoms and the severity of pain. Exhibit
14. When Mr. Hayward suffered injuries, he typically sought treatment within a
few days, if not the following day, and would often seek treatment when he rated
the pain as a 4 of 10, a level less than a severe level of pain. If Mr. Hayward were
experiencing a severe left shoulder pain soon after the November 20, 2013
vaccination, he would have sought treatment before the December 23, 2013
6

Case 1:16-vv-01539-UNJ Document 140 Filed 11/10/20 Page 7 of 8
chiropractic appointment. Moreover, if the left shoulder pain were severe enough
to prevent him from continuing his contracting work (as he testified), there would
be a stronger motivation for Mr. Hayward to seek medical treatment promptly.
Considering Mr. Hayward’s work records, the gaps in Mr. Hayward’s work on his
sister’s house do not seem indicative of the inability to work because his pre-
vaccination work records showed irregular work schedules and gaps. Since Mr.
Hayward is self-employed, he does not have any regular schedule and did not
present any evidence to indicate that the work on his sister’s house was on a
particular timeline or that there was an expectation for when the work was to be
completed. At the December 23, 2013 appointment, Mr. Hayward did not report
a severe dull aching left shoulder pain and the new pain he reported was related to
an injury to his back and neck from shoveling. Exhibit 14 at 62. Mr. Hayward
later recounted that his neck pain in December 2013 was the severe pain (8 or 9 of
10) and that his shoulder pain was mild (2 or 3 of 10). Exhibit 9 at 43. The first
neurologist to see Mr. Hayward, Dr. Yarahmadi, even categorized his left
shoulder pain in December 2013 as chronic rather than pain arising from an acute
injury. Exhibit 2 at 60-61.
While Mr. Hayward disputes the accuracy of the onsets recorded in these medical
records, he does not dispute other aspects of the medical records, does not explain
why the medical records are inaccurate, and does not question the qualifications
of the medical personnel producing the records. The medical records created
relatively close in time to the vaccination support an onset of mild left shoulder
pain around December 21, 2013. The medical records lend greater support to the
onset of severe neck pain around December 21, 2013.
Mr. Hayward’s testimonial account regarding the onset of severe left shoulder
pain conflicts with these medical records. Mr. Hayward’s affidavits and
testimony, if accepted, would place the onset of severe left shoulder pain
weakness around November 25, 2013. Although Mr. Hayward appeared to offer
this testimony sincerely, the value of testimony about events occurring years
earlier is diminished by the passage of time. As such, the oral testimony did not
outweigh the medical records created closer in time to December 2013 and
January 2014.
21. In regard to the onset of Mr. Hayward’s left-hand weakness, medical records created
in December 2013 and January 2014 are relatively consistent about the onset of left-
hand weakness. These records include:
a. At his first post-vaccination chiropractic appointment on December 23, 2013,
Mr. Hayward did not complain of any hand weakness. Exhibit 14 at 62.
b. At his next chiropractic appointment on December 26, 2013, Mr. Hayward
first mentioned having no strength in his left hand. Exhibit 14 at 63.
c. On December 31, 2013, Mr. Hayward reported to Dr. Dunlay that his hand
weakness had begun ten day prior, and Dr. Dunlay urgently referred Mr.
Hayward to a neurologist because of the “acute onset” of weakness. Exhibit 2
at 59.
7

Case 1:16-vv-01539-UNJ Document 140 Filed 11/10/20 Page 8 of 8
d. On the same day, Dr. Yarahmadi also recorded that Mr. Hayward’s hand
weakness had begun ten days earlier. Exhibit 2 at 60-61.
e. On January 23, 2014, a physical therapist recorded that Mr. Hayward “had a
month of hand weakness” and the onset/exacerbation date of his hand
weakness was specified as December 20, 2013. Exhibit 3 at 218.
f. Other medical records more generally placed the onset of left-hand weakness
as “December 2013.”
As noted above, while Mr. Hayward disputes the accuracy of the onsets recorded
in these medical records, he does not dispute other aspects of the medical records,
does not explain why the medical records are inaccurate, and does not question
the qualifications of the medical personnel producing the records. A multiplicity
of medical records created relatively close in time to the events in question point
to an onset of left-hand weakness on December 21, 2013.
Mr. Hayward’s testimonial account regarding the onset of left-hand weakness
conflicts with these medical records. Mr. Hayward stated that the onset of left-
hand weakness began within about one to two weeks after the November 20, 2013
vaccination. Exhibit 6 ¶ 8; exhibit 169 ¶ 33; Tr. 44.3 This testimony, if accepted,
would place the onset of left-hand weakness between November 27, 2013, and
December 4, 2013. Although Mr. Hayward appear to offer this testimony
sincerely, the value of testimony about events occurring years earlier is
diminished by the passage of time. As such, the oral testimony did not outweigh
the medical records created closer in time to December 2013 and January 2014.
The parties must present this ruling to the doctors whom they have retained. Opinions
based upon assumptions that are not consistent with this ruling will not be credited. See Burns v.
Sec’y of Health & Human Servs., 3 F.3d 415 (Fed. Cir. 1993). A status conference to discuss the
proposed next steps is scheduled, sua sponte, for Friday, October 30, 2020, at 11:00 A.M.
Eastern Time.
Any questions may be directed to my law clerk, Andrew Schick, at (202) 357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3 Ms. Van Slyke did not present any testimony to anchor when Mr. Hayward first
exhibited left-hand weakness.
8

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-01539-2
Date issued/filed: 2021-12-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/15/2021) regarding 157 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (jmw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01539-UNJ Document 161 Filed 12/07/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ALAN L. HAYWARD, *
* No. 16-1539V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: November 15, 2021
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * upper extremity weakness; significant
* loss of strength in arm.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for Petitioner;
Dhairya D. Jani, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On November 15, 2021, the parties filed a joint stipulation concerning the
petition for compensation filed by Alan Hayward on November 17, 2016.
Petitioner alleged that the influenza (“flu”) vaccine he received on November 20,
2013, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), caused him to develop left upper extremity weakness and significant
loss of strength in his left arm and forearm. Petitioner further alleges that he
suffered the residual effects of this injury for more than six months. Petitioner
represents that there has been no prior award or settlement of a civil action for
damages on his behalf as a result of his condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:16-vv-01539-UNJ Document 161 Filed 12/07/21 Page 2 of 7
Respondent denies that the vaccine caused petitioner to suffer the alleged
injuries or any other injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $35,750.00 in the form of a check payable to
petitioner. This amount represents compensation for all damages that
would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment according to this decision and the attached
stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:16-vv-01539-UNJ Document 161 Filed 12/07/21 Page 3 of 7

Case 1:16-vv-01539-UNJ Document 161 Filed 12/07/21 Page 4 of 7

Case 1:16-vv-01539-UNJ Document 161 Filed 12/07/21 Page 5 of 7

Case 1:16-vv-01539-UNJ Document 161 Filed 12/07/21 Page 6 of 7

Case 1:16-vv-01539-UNJ Document 161 Filed 12/07/21 Page 7 of 7