VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00230
Package ID: USCOURTS-cofc-1_17-vv-00230
Petitioner: Candace M. Berlin
Filed: 2017-02-17
Decided: 2018-08-08
Vaccine: influenza
Vaccination date: 2015-09-10
Condition: left shoulder myositis
Outcome: compensated
Award amount USD: 8000

AI-assisted case summary:
On February 17, 2017, Candace M. Berlin filed a Vaccine Program petition after receiving an influenza vaccine on September 9 or 10, 2015. She alleged that the flu vaccination caused injuries including left shoulder myositis, that the residual effects lasted more than six months, and that she had not received any prior civil settlement or award for the condition.

The public decision and attached stipulation provide only limited medical detail. They identify the vaccine, the approximate vaccination date, and the alleged left shoulder myositis, but they do not describe onset, examinations, imaging, treatment, or the course of recovery. Respondent denied that the flu vaccine caused Berlin's left shoulder myositis or any other injury.

Despite maintaining those positions, the parties filed a joint stipulation on August 6, 2018. Special Master Christian J. Moran found the stipulation reasonable and adopted it on August 8, 2018. Berlin was awarded a lump sum of $8,000.00, payable to her, representing all damages available under section 15(a). Her attorney was Nancy R. Meyers of Ward Black Law in Greensboro, North Carolina.

Theory of causation field:
Influenza vaccine (September 9 or 10, 2015) alleged to cause injuries including left shoulder myositis. COMPENSATED by joint stipulation, not by respondent admission. Respondent denied that the flu vaccine caused left shoulder myositis or any other injury; public stipulation contains limited clinical facts and no onset/treatment narrative. Special Master Christian J. Moran adopted the stipulation on August 8, 2018. Award: $8,000.00 lump sum payable to Candace M. Berlin for all section 15(a) damages. Attorney: Nancy R. Meyers, Ward Black Law, Greensboro, NC.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00230-0
Date issued/filed: 2018-09-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/8/2018) regarding 49 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00230-UNJ Document 56 Filed 09/06/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
CANDACE M. BERLIN, *
* No. 17-230V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: August 8, 2018
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * shoulder myositis
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Nancy R. Meyers, Ward Black Law, Greensboro, NC, for Petitioner;
Traci R. Patton, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On August 6, 2018, the parties filed a joint stipulation concerning the
petition for compensation filed by Candace Berlin on February 17, 2017.
Petitioner alleged that the influenza (“flu”) vaccine she received on September 10,
2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), caused her to suffer injuries, including left shoulder myositis. Petitioner
further alleges that she 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 her behalf as a result of her condition.
Respondent denies that the influenza vaccine caused petitioner to suffer left
shoulder myositis, or any other injury.
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 1:17-vv-00230-UNJ Document 56 Filed 09/06/18 Page 2 of 7
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 $8,000.00 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 in case 17-230V 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 1:17-vv-00230-UNJ Document 56 Filed 09/06/18 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CANDACE M. BERLIN,
)
)
Petitioner,
) No. 17-230V
v.
) Special Master Moran
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Candace M. Berlin, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of the influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccination on September 9 or 10, 2015.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered “injuries, including left shoulder myositis” and that
she experienced the residual effects of these conditions for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that the flu immunization caused petitioner to suffer any injury or
condition.

Case 1:17-vv-00230-UNJ Document 56 Filed 09/06/18 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $8,000.00, 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).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts awarded
pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
2

Case 1:17-vv-00230-UNJ Document 56 Filed 09/06/18 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C.
§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from, the flu vaccine administered on or about September 9 or 10, 2015,
as alleged by petitioner in a petition for vaccine compensation filed on February 17, 2017, in the
United States Court of Federal Claims as petition No. 17-230V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
3

Case 1:17-vv-00230-UNJ Document 56 Filed 09/06/18 Page 6 of 7
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner to suffer any
injury or condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:17-vv-00230-UNJ Document 56 Filed 09/06/18 Page 7 of 7