VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00790
Package ID: USCOURTS-cofc-1_22-vv-00790
Petitioner: Leroy Alston
Filed: 2022-07-21
Decided: 2024-05-23
Vaccine: influenza
Vaccination date: 2021-10-14
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Leroy Alston filed a petition for vaccine compensation on July 21, 2022, alleging that an influenza vaccine administered on October 14, 2021, caused him to suffer from transverse myelitis (TM) and that his symptoms persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Alston's condition. Despite maintaining their respective positions, the parties reached a joint stipulation to settle the case. Special Master Christian J. Moran adopted the stipulation as the decision of the Court. The stipulation awarded Mr. Alston a lump sum of $85,000.00, payable by check, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). This amount represents a compromise of the parties' positions on liability and damages. The decision was issued on May 23, 2024. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Naseem Kourosh of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Leroy Alston alleged that an influenza vaccine administered on October 14, 2021, caused transverse myelitis (TM) and that symptoms persisted for more than six months. The case proceeded as a Table claim, as influenza vaccines are listed in the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation to settle the case, and Special Master Christian J. Moran adopted the stipulation. The award was a lump sum of $85,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Naseem Kourosh. The decision date was May 23, 2024, and the petition was filed on July 21, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00790-0
Date issued/filed: 2024-05-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 4/30/2024) regarding 57 DECISION Stipulation/Proffer, Signed by Special Master Christian J. Moran. (dksc) Service on parties made.
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Case 1:22-vv-00790-UNJ Document 61 Filed 05/23/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
LEROY ALSTON, * No. 22-790V
*
Petitioner, *
* Special Master Christian J. Moran
v. *
* Filed: April 30, 2024
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner;
Naseem Kourosh, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On April 29, 2024, the parties filed a joint stipulation concerning the petition for
compensation filed by Leroy Alston on July 21, 2022. Petitioner alleged that the influenza
(“flu”) vaccine caused him to suffer from transverse myelitis (“TM”). 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 alleged
injury.
Respondent denies that the vaccine caused petitioner to suffer from TM.
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.
Damages awarded in that stipulation include:
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 on the website.
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Case 1:22-vv-00790-UNJ Document 61 Filed 05/23/24 Page 2 of 7
A lump sum of $85,000.00 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.
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Case 1:22-vv-00790-UNJ Document 61 Filed 05/23/24 Page 3 of 7
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LEROY ALSTON,
Petitioner,
No. 22-790V (ECF)
V. Special Master Moran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Leroy Alston, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of a
influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3(a).
2. Petitioner received an influenza vaccine on October 14, 2021.
3. The vaccination was administered within the United States.
4. Petitioner alleges that petitioner suffered transverse myelitis as a result of the
influenza vaccine. Petitioner further alleges that petitioner experienced the residual effects of
this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of petitioner's alleged vaccine injury.

Case 1:22-vv-00790-UNJ Document 61 Filed 05/23/24 Page 4 of 7
6. Respondent denies that the influenza vaccine caused any of petitioner's alleged
injuries or any other injury or petitioner's current condition.
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 of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $85,000.00 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).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(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 petitioner's 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-l 5(g), to the extent that payment has been made or can
reasonably be expected to be made under any State compensation programs, insurance 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.
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Case 1:22-vv-00790-UNJ Document 61 Filed 05/23/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation 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 of sufficient 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 petitioner's benefit as contemplated by a strict
construction of 42 U.S.C. §§ 300aa-l 5(a) and ( d), and subject to the conditions of 42 U.S.C.
§§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of petitioner's 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 all 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 Vaccine Program, 42 U.S.C.
§ 300aa-l O et seq., on account of, or in any way growing out of, any and all known or unknown,
suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to
have resulted from, the influenza vaccination administered on October 14, 2021, as alleged by
petitioner in a petition for vaccine compensation filed on or about July 21, 2022 in the United
States Court of Federal Claims as petition No. 22-790V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:22-vv-00790-UNJ Document 61 Filed 05/23/24 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of 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 complete 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 understand 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 injury or condition or in the
items of compensation 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 Service that the influenza vaccine caused petitioner's alleged
injury or any other injury or petitioner's current disabilities.
I 8. 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 1:22-vv-00790-UNJ Document 61 Filed 05/23/24 Page 7 of 7
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Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
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~~~~~~, ~ .__
HOMER~~~
RONALD HEATHER L. PEARLMAN
Co1nvay Ilomer PC Deputy Director
l 6 Shawmut Street Torts Branch
l3oston, MA 02116 Civil Division
Telephone: (617) 695-1990 U.S. Department of Justice
Email: jpepper@ccandh.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENl ATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF iiEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S.
Digitally signed by
s Jeffrey 5. Beach -5
Be a( h _
Date: 2024 03.08
o9:24:s6-os·o0' for ✓------- --·····
CDR GEORGE REED GRlMES, MD, MPH N~
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of' Justice
Administration P.O. Box 146
U.S. Department of Heal th Bt!njamin Franklin Station
and Human Services Washington, DC 20044-0 l 46
5600 Fishers Lane, 08W-25A Telephone: (202) 305-1159
Rockville, MD 20857 Email: Naseem.Kourosh@usdoj.gov
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