VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00758 Package ID: USCOURTS-cofc-1_17-vv-00758 Petitioner: Stephen Waldorf Filed: 2018-10-04 Decided: 2018-12-06 Vaccine: influenza Vaccination date: 2015-10-23 Condition: brachial neuritis, or Parsonage Turner Syndrome Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Stephen Waldorf filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered brachial neuritis, also known as Parsonage Turner Syndrome, as a result of an influenza vaccine administered on October 23, 2015. Mr. Waldorf stated that the vaccine was given in the United States, that his injuries had residual effects for more than six months, and that he had not received any prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Mr. Waldorf's alleged brachial neuritis or any other injury. Despite the denial, the parties filed a joint stipulation on October 4, 2018, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Pursuant to the stipulation, Mr. Waldorf was awarded a lump sum of $70,000.00, representing compensation for all items of damages available under the Vaccine Act. The award was to be paid by check to Mr. Waldorf. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00758-0 Date issued/filed: 2018-12-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/04/2018) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00758-UNJ Document 41 Filed 12/06/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0758V Filed: October 4, 2018 UNPUBLISHED STEPHEN WALDORF, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Brachial Neuritis; v. Parsonage Turner Syndrome SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On June 8, 2017, 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 brachial neuritis, or Parsonage Turner Syndrome, as a result of an influenza vaccine administered on October 23, 2015. Petition at 1, 3; Stipulation, filed October 4, 2018, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, that he suffered the residual effects of his injuries for more than six months, and that he has not brought an action for or received a prior award or settlement for his vaccine-related injuries. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged brachial neuritis, or any other injury, was caused-in-fact by the flu vaccination administered on October 23, 2015. ” 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 1:17-vv-00758-UNJ Document 41 Filed 12/06/18 Page 2 of 7 Nevertheless, on October 4, 2018, 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. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $70,000.00 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 1:17-vv-00758-UNJ Document 41 Filed 12/06/18 Page 3 of 7 Case 1:17-vv-00758-UNJ Document 41 Filed 12/06/18 Page 4 of 7 Case 1:17-vv-00758-UNJ Document 41 Filed 12/06/18 Page 5 of 7 Case 1:17-vv-00758-UNJ Document 41 Filed 12/06/18 Page 6 of 7 Case 1:17-vv-00758-UNJ Document 41 Filed 12/06/18 Page 7 of 7