VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00323
Package ID: USCOURTS-cofc-1_17-vv-00323
Petitioner: Paul E. Roy
Filed: 2017-03-09
Decided: 2021-12-09
Vaccine: influenza
Vaccination date: 2014-10-02
Condition: cellulitis
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
On March 9, 2017, James J. Roy and Mary Ann Boger, as administrators and legal representatives of the estate of Paul E. Roy, filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that Mr. Roy developed cellulitis after receiving an influenza vaccine on October 2, 2014, and that his death on March 9, 2015, was a sequela of this alleged vaccine-related injury. The respondent denied that the influenza vaccine caused Mr. Roy's cellulitis, any other injury, or his death. The parties subsequently reached a joint stipulation to settle the case. Under the terms of the stipulation, the respondent agreed to pay a lump sum of $50,000.00 to the Estate of Paul E. Roy as compensation for all damages. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation in the agreed-upon amount. The decision was issued on December 9, 2021. Ramon Rodriguez III, Esq., represented the petitioner, and Adriana Teitel, Esq., represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.

Theory of causation field:
Petitioners alleged that Paul E. Roy developed cellulitis after receiving an influenza vaccine on October 2, 2014, and that his death on March 9, 2015, was a sequela of this alleged vaccine-related injury. The respondent denied causation. The case was settled via joint stipulation for a lump sum of $50,000.00 to the Estate of Paul E. Roy. The influenza vaccine is contained in the Vaccine Injury Table. The public decision does not name specific medical experts or detail the mechanism of causation. The decision was issued by Special Master Mindy Michaels Roth on December 9, 2021. Petitioner counsel was Ramon Rodriguez III, Esq., and respondent counsel was Adriana Teitel, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00323-1
Date issued/filed: 2021-12-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/23/2021) regarding 72 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made.
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Case 1:17-vv-00323-UNJ Document 76 Filed 12/09/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-323V
Filed: November 23, 2021
* * * * * * * * * * * * *
JAMES J. ROY and MARY ANN * UNPUBLISHED
BOGER, as Administrators and Legal *
Representatives of the Estate of *
PAUL E. ROY, *
*
Petitioner, * Decision on Joint Stipulation;
* Cellulitis; Influenza (“flu”)
v. * Vaccine.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Ramon Rodriguez III, Esq., Sands Anderson PC, Richmond, VA, for petitioner.
Adriana Teitel, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On March 9, 2017, James J. Roy and Mary Ann Boger [“Mr. Roy and Ms. Boger” or
“petitioners”] filed a petition on behalf of the estate of their father, Paul E. Roy, for compensation
under the National Vaccine Injury Compensation Program.2 Petitioners allege that he developed
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
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).
1

Case 1:17-vv-00323-UNJ Document 76 Filed 12/09/21 Page 2 of 7
cellulitis after receiving an influenza (“flu”) vaccine on October 2, 2014, and that his death on
March 9, 2015 was the sequela of his alleged vaccine-related injury. Stipulation, filed November
23, 2021, at ¶¶ 1-4. Respondent denies that the flu vaccine caused his alleged cellulitis, any other
injury, or his death. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On November 23, 2021, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $50,000.00 in the form of a check payable to petitioners as
administrators and legal representatives of the Estate of Paul E. Roy. This amount
represents compensation for all damages that would be available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

Case 1:17-vv-00323-UNJ Document 76 Filed 12/09/21 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JAMES J. ROY and MARY ANN BOGER,
as administrators and legal representatives of
Estate of Paul E. Roy,
Petitioners, No. 17-323V
Special Master Roth
ECF
V.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. James J. Roy and Mary Ann Boger ("petitioners"), as administrators and legal
representatives of the Estate of Paul E. Roy ("Mr. Roy"), deceased, 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 and death allegedly
related to Mr. Roy's receipt of an influenza ("flu") vaccine, which vaccine is contained in the
Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Mr. Roy received a flu vaccine and Pneumovax vaccine1 on October 2, 2014.
3. The vaccines were administered within the United States.
4. Petitioners allege that as a result ofreceiving the flu vaccine, Mr. Roy suffered
cellulitis. Mr. Roy passed away on March 9, 2015. Petitioners further allege that Mr. Roy's
death was the sequela of his alleged vaccine-related injury.
1 Pneumovax, a pneumococcal polysaccharide vaccine, is not contained in the vaccine injury Table.
I of5

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