In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * *

WAYNE TURNER, *

* No. 12-331V

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: April 4, 2014

*

SECRETARY OF HEALTH * Stipulation; Trivalent Influenza

AND HUMAN SERVICES, * Vaccine; brachial plexopathy,

* brachial neuritis

Respondent. *

* * * * * * * * * * * * * * * * * * * * *

Elizabeth Muldowney, Rawls, McNeils & Mitchell, Richmond, VA, for Petitioner;

Vincent Matanoski, U.S. Department of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On April 1, 2014, respondent filed a joint stipulation concerning the petition 

for compensation filed by Wayne Turner on May 25, 2012. In his petition, Mr. 

Turner alleges that he suffered from a brachial plexopathy or brachial neuritis as a 

result of receiving the trivalent influenza vaccine, which is contained in the 

Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on 

October 27, 2010, and that he experienced the residual effects of this injury 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 condition.

Respondent denies that the influenza immunization caused petitioner to 

suffer from brachial neuritis, brachial plexopathy, or any other injury or his current 

condition, and denies that petitioner experienced the residual effects of his injury 

for more than six months. 

1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the parties have 14 days to file a motion proposing redaction of medical information or other 

information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special 

master will appear in the document posted on the website.

 
Nevertheless, the parties agree to the joint stipulation, attached hereto as 

“Appendix A.” 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:

A lump sum of $47,500.00 in the form of a check payable to petitioner, 

Wayne Turner. 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 in case 12-331V according to this decision 

and the attached stipulation.2

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-

6353.

 

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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