VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00436 Package ID: USCOURTS-cofc-1_18-vv-00436 Petitioner: John Bayles Filed: 2018-03-23 Decided: 2023-05-30 Vaccine: influenza Vaccination date: 2017-03-17 Condition: brachial neuritis Outcome: compensated Award amount USD: 75000 AI-assisted case summary: On March 23, 2018, John Bayles filed a petition for compensation alleging that the influenza vaccine he received on March 17, 2017, caused him to suffer from brachial neuritis, with symptoms persisting for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's condition. The parties subsequently filed a joint stipulation to resolve the case. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr. Bayles a lump sum of $75,000.00, payable by check, as compensation for all damages. The court directed that judgment be entered according to this decision and the stipulation, unless a motion for review was filed. The public decision does not describe the specific onset of symptoms, clinical details, medical tests, treatments, or expert witnesses. Leah VaSahnja Durant represented the petitioner, and Joseph Adam Lewis represented the respondent. Theory of causation field: Petitioner John Bayles alleged that the influenza vaccine administered on March 17, 2017, caused him to develop brachial neuritis, with symptoms lasting over six months. Respondent denied causation. The parties resolved the matter via joint stipulation, which was adopted by Special Master Christian J. Moran. The stipulation awarded petitioner $75,000.00 for all damages. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The attorneys involved were Leah VaSahnja Durant for the petitioner and Joseph Adam Lewis for the respondent. The decision date was May 2, 2023, with the petition filed on March 23, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00436-0 Date issued/filed: 2023-05-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 5/2/2023) regarding 129 DECISION Stipulation/Proffer, Signed by Special Master Christian J. Moran. (dksc) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00436-UNJ Document 136 Filed 05/30/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * JOHN BAYLES, * * No. 18-436V Petitioner, * * Special Master Christian J. Moran v. * * Filed: May 2, 2023 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * Stipulation; influenza vaccine; * * * * * * * * * * * * * * * * * * * * * * * * * brachial neuritis Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, D.C., for Petitioner; Joseph Adam Lewis, United States Dep’t of Justice, Washington, D.C., for Respondent. UNPUBLISHED DECISION1 On April 28, 2023, the parties filed a joint stipulation concerning the petition for compensation filed by John Bayles on March 23, 2018. Petitioner alleged that the influenza (“flu”) vaccination he received on March 17, 2017, caused him to suffer brachial neuritis. Petitioner further alleges that his symptoms persisted for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Respondent denies that the vaccine caused petitioner to suffer from brachial neuritis or any other injuries. 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. 1 Because this decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted in the website. Case 1:18-vv-00436-UNJ Document 136 Filed 05/30/23 Page 2 of 7 Damages awarded in that stipulation include: A lump sum of $75,000.00 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 1:18-vv-00436-UNJ Document 136 Filed 05/30/23 Page 3 of 7 Case 1:18-vv-00436-UNJ Document 136 Filed 05/30/23 Page 4 of 7 Case 1:18-vv-00436-UNJ Document 136 Filed 05/30/23 Page 5 of 7 Case 1:18-vv-00436-UNJ Document 136 Filed 05/30/23 Page 6 of 7 Case 1:18-vv-00436-UNJ Document 136 Filed 05/30/23 Page 7 of 7