VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01353 Package ID: USCOURTS-cofc-1_17-vv-01353 Petitioner: Amy Dunlap Filed: 2017-09-27 Decided: 2022-06-30 Vaccine: influenza Vaccination date: 2015-11-24 Condition: brachial neuritis Outcome: compensated Award amount USD: 51500 AI-assisted case summary: On September 27, 2017, Amy Dunlap filed a Vaccine Program petition after receiving an influenza vaccine on November 24, 2015. She alleged that the flu vaccine caused brachial neuritis and that residual effects lasted more than six months. The public decision was entered on a joint stipulation and contains limited clinical detail. It identifies the vaccine, date, alleged brachial neuritis, and duration allegation, but it does not describe onset, diagnostic testing, treatment, or expert analysis. Respondent denied that the flu vaccine caused Dunlap to suffer brachial neuritis, any other injury, or her current condition. The stipulation therefore resolved the case without respondent admitting that the vaccination caused the injury. The parties filed a joint stipulation on June 30, 2022. Special Master Christian J. Moran found the stipulation reasonable and adopted it the same day. Dunlap was awarded a lump sum of $51,500.00, payable to her, representing all damages available under section 15(a). The court directed judgment to enter according to the decision and attached stipulation. Dunlap was represented by Leah V. Durant of the Law Offices of Leah V. Durant, PLLC. Theory of causation field: Influenza vaccine (November 24, 2015) alleged to cause brachial neuritis with residual effects more than six months. COMPENSATED by joint stipulation. Respondent denied that the flu vaccine caused brachial neuritis, any other injury, or current condition; public stipulation contains limited clinical facts. Special Master Christian J. Moran adopted the stipulation on June 30, 2022. Award: $51,500.00 lump sum payable to Amy Dunlap for all section 15(a) damages. Attorney: Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01353-0 Date issued/filed: 2022-07-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 6/30/2022) regarding 73 DECISION Stipulation/Proffer, Signed by Special Master Christian J. Moran. (jmw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01353-UNJ Document 77 Filed 07/22/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * AMY DUNLAP, * * No. 17-1353V Petitioner, * Special Master Christian J. Moran * v. * Filed: June 30, 2022 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * brachial neuritis. * Respondent. * * * * * * * * * * * * * * * * * * * * * * Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner; Alexis B. Babcock, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On June 30, 2022, the parties filed a joint stipulation concerning the petition for compensation filed by Amy Dunlap on September 27, 2017. Petitioner alleged that the influenza (“flu”) vaccine she received on November 24, 2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from brachial neuritis. 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 flu vaccine caused petitioner to suffer from brachial neuritis or from any other injury or her current 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 1:17-vv-01353-UNJ Document 77 Filed 07/22/22 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 $51,500.00 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 1:17-vv-01353-UNJ Document 77 Filed 07/22/22 Page 3 of 7 Case 1:17-vv-01353-UNJ Document 77 Filed 07/22/22 Page 4 of 7 Case 1:17-vv-01353-UNJ Document 77 Filed 07/22/22 Page 5 of 7 Case 1:17-vv-01353-UNJ Document 77 Filed 07/22/22 Page 6 of 7 Case 1:17-vv-01353-UNJ Document 77 Filed 07/22/22 Page 7 of 7