VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00128
Package ID: USCOURTS-cofc-1_18-vv-00128
Petitioner: Fred Bove
Filed: 2018-01-26
Decided: 2019-05-21
Vaccine: influenza
Vaccination date: 2016-11-02
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 35463

AI-assisted case summary:
Fred Bove filed a petition for compensation under the National Vaccine Injury Compensation Program on January 26, 2018, alleging that he suffered brachial neuritis caused by his November 2, 2016 influenza vaccination. Mr. Bove claimed residual effects from the injury for more than six months and stated there had been no prior award or settlement for damages. The Secretary of Health and Human Services, respondent, denied that the flu vaccine caused Mr. Bove's alleged brachial neuritis or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for compensation on May 21, 2019. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Fred Bove was awarded a lump sum of $35,462.88, payable to him, as compensation for all items of damages. The decision directed the clerk of the court to enter judgment in accordance with the stipulation, unless a motion for review was filed. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner counsel was Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent counsel was Lara Ann Englund of the U.S. Department of Justice.

Theory of causation field:
Petitioner Fred Bove alleged that his November 2, 2016 influenza vaccination caused brachial neuritis. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $35,462.88. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00128-0
Date issued/filed: 2019-08-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/21/2019) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00128-UNJ Document 44 Filed 08/14/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-128V
Filed: May 21, 2019
UNPUBLISHED
FRED BOVE,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Brachial Neuritis
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 26, 2018, 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 caused by his
November 2, 2016 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed May 21,
2019, at ¶¶ 4. Petitioner further alleges that he experienced residual effects of his injury
for more than six months and that there has been no prior award or settlement of a civil
action for damages as a result of his condition. Petition at 3; Stipulation at ¶¶ 4-5.
“Respondent denies that the flu vaccine is the cause of petitioner’s alleged brachial
neuritis or any other injury or his current condition. ” Stipulation at ¶ 6.
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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 1:18-vv-00128-UNJ Document 44 Filed 08/14/19 Page 2 of 7
Nevertheless, on May 21, 2019, 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 $35,462.88 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 § 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

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