VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00511
Package ID: USCOURTS-cofc-1_17-vv-00511
Petitioner: Katherine Berry
Filed: 2019-01-23
Decided: 2019-03-01
Vaccine: influenza
Vaccination date: 2015-11-24
Condition: Parsonage-Turner Syndrome
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Katherine Berry filed a petition on January 23, 2019, alleging that she suffered from Parsonage-Turner Syndrome (PTS) as a result of receiving the Flumist influenza vaccine on November 24, 2015. She further alleged that she experienced residual effects from this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Berry's PTS or any other injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on January 23, 2019. The stipulation proposed an award of compensation to Ms. Berry. Special Master Corcoran reviewed the file and found the stipulation to be reasonable, adopting it as the decision in awarding damages. The stipulation awarded Ms. Berry a lump sum of $45,000.00, intended to compensate for all damages available under the National Vaccine Injury Compensation Act. The court directed that judgment be entered accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00511-0
Date issued/filed: 2019-03-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/23/2019) Regarding 36 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:17-vv-00511-UNJ Document 43 Filed 03/01/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-511V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
KATHERINE BERRY, *
* Special Master Corcoran
*
Petitioner, * Filed: January 23, 2019
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Flumist Influenza (“flu”) Vaccine;
AND HUMAN SERVICES, * Parsonage-Turner Syndrome (“PTS”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio, Christopher, & Toale, Sarasota, FL for Petitioner.
Sarah C. Duncan, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 12, 2017, Katherine Berry filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she
suffered from Parsonage-Turner Syndrome (“PTS”), as a result of her November 24, 2015, Flumist
influenza (“flu”) vaccine. Petitioner further alleges that she has experienced the residual effects of
this condition for more than six months.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the
Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), 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 in its present form will be
available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).

Case 1:17-vv-00511-UNJ Document 43 Filed 03/01/19 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner’s PTS or any other injury.
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed on January 23, 2019) that the issues before them could be settled, and that a decision should
be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
• A lump sum of $45,000.00, in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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