VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01394
Package ID: USCOURTS-cofc-1_18-vv-01394
Petitioner: Benjamin Gay
Filed: 2018-09-13
Decided: 2019-12-05
Vaccine: influenza
Vaccination date: 2017-01-09
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 91829

AI-assisted case summary:
On September 13, 2018, Benjamin Gay filed a petition in the National Vaccine Injury Compensation Program alleging that he developed transverse myelitis (TM) as a result of receiving an influenza vaccine on January 9, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Gay's TM. The parties subsequently reached a stipulation, filed on December 4, 2019, recommending an award of compensation to the petitioner. Special Master Nora Beth Dorsey reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. As per the stipulation, Benjamin Gay was awarded a lump sum of $91,829.36, payable by check to the petitioner. This amount was intended to compensate for all damages available under the Vaccine Act. Both parties agreed to waive their right to seek review of this decision, and judgment was to be entered accordingly. The public decision does not describe the petitioner's specific symptoms, medical history, diagnostic tests, treatments, or any expert witnesses. Petitioner was represented by David A. Tierney of Rawls Law Group, and respondent was represented by Mollie D. Gorney of the U.S. Department of Justice.

Theory of causation field:
Petitioner Benjamin Gay alleged that he developed transverse myelitis (TM) due to an influenza vaccine received on January 9, 2017. Respondent denied causation. The parties filed a stipulation recommending compensation, which Special Master Nora Beth Dorsey adopted. Petitioner was awarded $91,829.36. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The outcome was compensated based on stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01394-0
Date issued/filed: 2019-12-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/05/2019) Regarding 26 DECISION Stipulation (Signed by Special Master Nora Beth Dorsey). (cr) Service on parties made.
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Case 1:18-vv-01394-UNJ Document 32 Filed 12/30/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 5, 2019
* * * * * * * * * * * * * * * * * * *
BENJAMIN GAY, *
* UNPUBLISHED
*
*
Petitioner, * No. 18-1394V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Influenza (“flu”) Vaccine;
* Transverse Myelitis (“TM”).
Respondent. *
*
* * * * * * * * * * * * * * * * * * *
David A. Tierney, Rawls Law Group, Richmond, VA, for petitioner.
Mollie D. Gorney, U.S. Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On September 13, 2018, Benjamin Gay (“petitioner”) filed a petition in the National
Vaccine Injury Compensation Program.2 Petitioner alleged that he developed transverse myelitis
(“TM”) due to the influenza (“flu”) vaccine he received on January 9, 2017. Petition at 1 (ECF
No. 1).
1 Because this Decision contains a reasoned explanation for the action in this case, the
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). 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.
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. § 300aa.
1

Case 1:18-vv-01394-UNJ Document 32 Filed 12/30/19 Page 2 of 7
On December 4, 2019, the parties filed a stipulation recommending an award of
compensation to petitioner. Stipulation (ECF No. 25). Respondent denies that the flu vaccine
caused petitioner to suffer from TM or any other injury. Nevertheless, the parties agree to the
joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth
therein.
The parties stipulate that petitioner shall receive the following compensation:
(1) A lump sum of $91,829.36 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). Stipulation at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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