VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01018
Package ID: USCOURTS-cofc-1_18-vv-01018
Petitioner: Wayne Butler
Filed: 2020-03-16
Decided: 2020-04-16
Vaccine: influenza
Vaccination date: 2017-10-05
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 235000

AI-assisted case summary:
Wayne Butler filed a petition for vaccine compensation alleging he suffered brachial neuritis (BN) as a result of an influenza vaccination received on October 5, 2017. He alleged that he experienced residual effects of the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the brachial neuritis was caused-in-fact by the vaccination. Despite this denial, the parties reached a joint stipulation to settle the case. The court adopted the stipulation as its decision, awarding Mr. Butler a lump sum of $235,000.00. This amount is intended to compensate for all damages, including pain and suffering, lost wages, and unreimbursed expenses. The case proceeded as a Table claim, as influenza vaccines are contained within the Vaccine Injury Table. The stipulation also addressed the process for awarding attorneys' fees and costs. Mr. Butler released the United States and the Secretary from all claims related to the alleged injury in exchange for the compensation.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01018-0
Date issued/filed: 2020-04-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/16/2020) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01018-UNJ Document 37 Filed 04/16/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1018V
UNPUBLISHED
WAYNE BUTLER, Chief Special Master Corcoran
Petitioner, Filed: March 16, 2020
v.
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu) Vaccine; Brachial Neuritis
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 16, 2018, Wayne Butler 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 injuries including brachial neuritis
(BN) resulting from adverse effects of a flu vaccination on October 5, 2017. Petition at
1; Stipulation, filed March 16, 2020, at ¶¶ 1, 4. Petitioner further alleges that he
experienced the residual effects of his injury for more than six months, the vaccine was
administered in the United States, and that there has been no prior award or settlement
of a civil action for damages on his behalf as a result of his condition. Petition at 1, 3;
Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged BN, or any other
injury, was caused-in-fact by the flu vaccination administered on October 5, 2017.”
Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I 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 1:18-vv-01018-UNJ Document 37 Filed 04/16/20 Page 2 of 7
Nevertheless, on March 16, 2020, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth
therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $235,000.00 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 § 15(a). Id.
I approve 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/Brian H. Corcoran
Brian H. Corcoran
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 1:18-vv-01018-UNJ Document 37 Filed 04/16/20 Page 3 of 7
IN THE UNITED ST~TFS COURT OF FEDERAL CLAIMS
OFFICEIOF SPECIAL MASTERS
·······························~·····
WAYNEBUTLE~ *
•
•
Petitioner, No. 18-1018V
•
CHIEF SP£CIAL MASlER CORCORAN
•
V.
•
SECRETARY OF HEALTH AND •
HUMAN SERVICES, •
•
Respondent •
·······························•*••··
STIPULATION
The parties hereby stipuJate to the following matters:
1. Petitioner filed a petition for vaccine compensation under the National Vaccine
Injwy Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The
petition seeks compensation for irtjuries allegedly related to petitioner's receipt of an influenza
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vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table''), 42 C.F. R. §
100.3 (a).
2. Petitioner received an influenza immunization on October S, 2017.
3. This vaccine was administered within the United States.
4. Petitioner alleges that he developed brach.ial neuritis ("BN") that~ caused-in
fact by a flu vaccine and that he has experienced residual effects of this injury for more than six
months.
5. 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.

Case 1:18-vv-01018-UNJ Document 37 Filed 04/16/20 Page 4 of 7
6. Respondent denies that petitioner's alleged BN, or any other injucy, was caused-
in-fact by the flu vaccination administered on October 5, 2017.
7. Maintaining their above-stated positions, the parties nevertheless now agree that
the issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent
with the temts oft his Stipulation, and after petitioner bas filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2l(aX1), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump swn of $235,000.00 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-1 S(a), involving pain and suffering, lost wages, and unreimbursed expenses.
9. As soon 8.5 practicable after the entry ofj udgment on entitlement in this case, and
after petitioner bas filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa~ 15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insuaince policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:18-vv-01018-UNJ Document 37 Filed 04/16/20 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability ofs ufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys' fees, and litigation costs, and past unreimbursable expenses, the money
provided pursuant to this Stipulation will be used solely for the benefit ofp etitioner as
contemplated by a strict construction of4 2 U.S.C. § 300aa-1 S(a) and (d), and subject to the
conditions of 42 U.S.C. § 300aa-l 5(g) and (b).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and atl actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on ae<:ount ot: or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death ofp etitioner resulting
from, or alleged to have resulted from an influenza vaccination administered on October 5, 2017,
as alleged by petitioner in a petition for vaccine compensation filed on or about July 16, 2018, in
the United States Court of Federal Claims as petition No. JS..1018V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be
voidable upon proper notice to the Court on behalf of eitber or both of the parties.
3

Case 1:18-vv-01018-UNJ Document 37 Filed 04/16/20 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the
tenns of this Stipulation or if the Cowtof Federal Claims fails to enter judgment in conformity
with a decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and comp]ete negotiated settlement of liability
and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended,
except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of
the parties hereto to make any payment or to do any act or thing other than is herein expressly
stated and clearly agreed to. The parties further agree and underswid that the award described in
this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the irtjury or condition or in the
items ofc ompensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that petitioner's alleged BN, or any other condition,
was caused-in-fact by the influenza vaccine administered on October 5, 2017.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:18-vv-01018-UNJ Document 37 Filed 04/16/20 Page 7 of 7
Respectfully submitted,
ATIORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE
PETIYTIONEJ
~ OF THE ATTORNEY GENERAL:
~ URANT1
-
E. REEVES
..<U"'.>.~•u•. :.
LAW OFFICES OF LEAH V. DURANT, PLLC ~IYW'Director
1717 K Street NW. Suite 900 Torts Branch
Washington, DC 20006 Civil Ojvision
(202) 775-9200 U.S. Department ofJ ustice
P.O.Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATrORNEYOFRECORDFOR
OFTHESECRETARYOFHEALTH
RESPONDENT:
AND HUMAN SERVICES:
WaA.d
~
:S,M4A4~
TAMARA OVERBY
Acting Director
Senior Trial Attorney
Division of Injury Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department ofH ealth
U.S. Department of Justice
5600 Fishers Lane P.O. Box 146
ParkJawn Building, Mail Stop 08Nl46B Benjamin Franklin Station
Rockville, 1vtD 20857 Washington, DC 20044-0146
(202) 616-4181
5) tau~
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Dated:
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