# In the Unite d States Court of Federal Claims

OF FICE OF SPECIAL MASTERS

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

WAYNE TURNER

, *

* No. 1 2

- 331 V

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: April 4

, 2014

*

SECRETARY OF HEALTH * Stipulation; T rivalent Influenza

AND HUMAN SERVICES, * Vaccine; b rachial p lexopathy,

* brachial n euritis

Respondent. *

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

Elizabeth Muldowney

, Rawls, McNeils & Mitchell, Richmond, V A , for Petitioner;

Vincent Matanoski

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

UNPUBLISHED DECISION 1

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

for compensation filed by Wayne Turner on May 2 5 , 201 2

. In his petition, Mr.

Turner allege s 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 c urrent

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

for more than six months.

1 T he 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 rea sonable 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 1 2

- 331 V according to this decision

an d 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.Case 1:12-vv-00331-UNJ Document 37 Filed 04/01/14 Page 1 of 5Case 1:12-vv-00331-UNJ Document 37 Filed 04/01/14 Page 2 of 5Case 1:12-vv-00331-UNJ Document 37 Filed 04/01/14 Page 3 of 5Case 1:12-vv-00331-UNJ Document 37 Filed 04/01/14 Page 4 of 5Case 1:12-vv-00331-UNJ Document 37 Filed 04/01/14 Page 5 of 5