VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00647
Package ID: USCOURTS-cofc-1_18-vv-00647
Petitioner: Frankie Reese
Filed: 2018-05-07
Decided: 2019-08-15
Vaccine: influenza
Vaccination date: 2016-09-26
Condition: brachial plexopathy
Outcome: compensated
Award amount USD: 28000

AI-assisted case summary:
Frankie Reese filed a petition for compensation under the National Vaccine Injury Program on May 7, 2018, alleging that she suffered brachial plexopathy as a result of receiving an influenza vaccine on September 26, 2016. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the alleged injury. Despite maintaining their respective positions, the parties reached a stipulation to settle the case. The stipulation provided for a decision to be entered awarding compensation to the petitioner. Special Master Thomas L. Gowen adopted the parties' stipulation. The decision awarded Frankie Reese compensation in the amount of $28,000.00, payable as a lump sum in the form of a check to the petitioner, representing all damages available under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP. Respondent's counsel was Alexis B. Babcock of the Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Frankie Reese alleged that she suffered brachial plexopathy as a result of receiving an influenza vaccine on September 26, 2016. The respondent denied causation. The parties reached a stipulation for award, settling the case. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The award was $28,000.00, payable as a lump sum check to the petitioner, representing all damages. The decision was issued by Special Master Thomas L. Gowen on August 15, 2019. Petitioner was represented by Paul R. Brazil, and respondent was represented by Alexis B. Babcock.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-00647-0
Date issued/filed: 2019-09-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/15/2019) regarding 27 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00647-UNJ Document 33 Filed 09/20/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: August 15, 2019
* * * * * * * * * * * * *
FRANKIE REESE, * Unpublished
Petitioner, *
* No. 18-647V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Influenza (“flu”); Brachial
* Plexopathy; Stipulation for
Respondent. * Award
* * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alexis B. Babcock, Department of Justice, Washington, D.C., for respondent.
DECISION FOR STIPULATION1
On May 7, 2018, Frankie Reese (“petitioner”), filed a petition for compensation under the
National Vaccine Injury Program.2 Petition at Preamble. Petitioner received an influenza (“flu”)
vaccine on September 26, 2016. Id.; Stipulation at ¶ 2 (ECF No. 26). Petitioner alleged that as a
result of receiving the flu vaccination, she suffered brachial plexopathy. Id.; Stipulation at ¶ 4.
On August 15, 2019, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that the flu
vaccine caused petitioner to suffer brachial plexopathy or any other injury. Id. at ¶ 6.
Maintaining their respective positions, the parities nevertheless now agree that the issues
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s
website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012)
(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.

Case 1:18-vv-00647-UNJ Document 33 Filed 09/20/19 Page 2 of 7
between them shall be settled and that a decision should be entered awarding compensation to
petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.
The stipulation awards:
1) A lump sum of $28,000.00 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).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

Case 1:18-vv-00647-UNJ Document 33 Filed 09/20/19 Page 3 of 7

Case 1:18-vv-00647-UNJ Document 33 Filed 09/20/19 Page 4 of 7

Case 1:18-vv-00647-UNJ Document 33 Filed 09/20/19 Page 5 of 7

Case 1:18-vv-00647-UNJ Document 33 Filed 09/20/19 Page 6 of 7

Case 1:18-vv-00647-UNJ Document 33 Filed 09/20/19 Page 7 of 7