VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01684 Package ID: USCOURTS-cofc-1_22-vv-01684 Petitioner: James Dalrymple Filed: 2022-11-15 Decided: 2025-09-03 Vaccine: influenza Vaccination date: 2021-10-21 Condition: transverse myelitis Outcome: compensated Award amount USD: 100000 AI-assisted case summary: On November 15, 2022, James Dalrymple filed a petition alleging that an influenza vaccination administered on October 21, 2021 caused transverse myelitis. Mr. Dalrymple died on February 22, 2025, while the case was pending. His widow, Brenda Dalrymple, was substituted as executor of his estate on April 28, 2025. The public stipulation does not provide a detailed clinical account of the transverse myelitis, treatment, functional impairment, or the circumstances of death. Respondent denied that the flu vaccine caused transverse myelitis, denied that it caused any other injury, and denied vaccine-related sequelae. On September 3, 2025, Chief Special Master Brian H. Corcoran adopted the parties' stipulation. The estate was awarded $100,000.00 in a lump sum for all Vaccine Act damages, payable by ACH deposit to counsel's IOLTA account for prompt disbursement to the estate. Mr. Dalrymple was represented by Joseph Vuckovich. Theory of causation field: Influenza vaccine, October 21, 2021, adult James Dalrymple exact age not stated, alleged transverse myelitis. COMPENSATED by stipulation for $100,000 after Mr. Dalrymple died on February 22, 2025 and his widow, Brenda Dalrymple, was substituted as executor of his estate. Respondent denied vaccine causation and denied that any death-related condition was vaccine-related. Public stipulation provides limited clinical detail. Chief Special Master Corcoran, September 3, 2025. Attorney Joseph Vuckovich. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01684-0 Date issued/filed: 2025-09-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/03/2025) regarding 48 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ers) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01684-UNJ Document 49 Filed 09/30/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1684V * * * * * * * * * * * * * * * * * * * * * * * * * * BRENDA DALRYMPLE, as executor of * ESTATE OF JAMES DALRYMPLE, * Chief Special Master Corcoran * Petitioner, * Filed: September 3, 2025 * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Joseph A. Vuckovich, Mctlaw, Washington, DC, for Petitioner. James V. Lopez, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 15, 2022, James Dalrymple filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”). 2 Mr. Dalrymple alleged that he suffered from transverse myelitis (“TM”) as a result of his October 21, 2021, receipt of the influenza (“flu”) vaccine. On February 22, 2025, Mr. Dalrymple died, and on April 28, 2025, his widow, Brenda Dalrymple, as executor of the estate of Mr. Dalrymple, was substituted as the petitioner of record in this case. Petitioner alleges that Mr. Dalrymple suffered the residual effects of this injury for more than six months. 1 Because this decision contains a reasoned explanation for my actions in this case, I will 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 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request 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). Otherwise, the whole decision will be available to the public. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Case 1:22-vv-01684-UNJ Document 49 Filed 09/30/25 Page 2 of 7 Respondent denies that the flu vaccine caused Mr. Dalrymple to suffer from TM, or any other injury, or caused his death. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation3 (filed on September 3, 2025) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: • A lump sum payment of $100,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.4 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 To avoid the unnecessary disclosure of Petitioner’s personal information, the AssureSign form included in the originally filed Stipulation has been removed from the copy of the Stipulation attached to this Decision. 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 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