VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00633
Package ID: USCOURTS-cofc-1_11-vv-00633
Petitioner: Ross Bergstedt
Filed: 2014-07-09
Decided: 2014-07-09
Vaccine: influenza
Vaccination date: 2010-12-15
Condition: acute disseminated encephalomyelitis
Outcome: compensated
Award amount USD: 867355

AI-assisted case summary:
On July 9, 2014, Ross Bergstedt filed a petition alleging that he suffered from acute disseminated encephalomyelitis (ADEM) caused by an influenza vaccine he received on December 15, 2010. He further alleged that the residual effects of this injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's ADEM or any other injury. Despite the denial, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded compensation. The award included a lump sum of $867,355.76, which represented compensation for first-year life care expenses ($82,929.80), lost earnings ($550,000.00), pain and suffering ($220,000.00), and past unreimbursable expenses ($14,425.96). This lump sum was to be paid via check to the petitioner. Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded. This amount was to be paid via check to the life insurance company from which the annuity would be purchased. The decision was issued on July 9, 2014. Jay A. Bansal represented the petitioner, and Melonie J. McCall represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details of the ADEM, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the injury. No expert witnesses were named in the public decision.

Theory of causation field:
Petitioner Ross Bergstedt alleged that his December 15, 2010, influenza vaccine caused acute disseminated encephalomyelitis (ADEM) with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding compensation. The award included a lump sum of $867,355.76 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity. The public decision does not detail the specific theory of causation, the medical mechanism, expert testimony, or diagnostic findings. The case was resolved via stipulation on July 9, 2014. Petitioner counsel was Jay A. Bansal, and respondent counsel was Melonie J. McCall.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00633-0
Date issued/filed: 2014-07-30
Pages: 11
Docket text: PUBLIC DECISION (Originally filed: 07/09/2014) regarding 45 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:11-vv-00633-UNJ Document 50 Filed 07/30/14 Page 1 of 11
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-633V
Filed: July 9, 2014
Not for Publication
*************************************
ROSS BERGSTEDT, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * influenza vaccine; acute disseminated
* encephalomyelitis (“ADEM”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Jay A. Bansal, Tempe, AZ, for petitioner.
Melonie J. McCall, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On July 9, 2014, the parties filed the attached stipulation in which they agreed to settle this
case and described the settlement terms. Petitioner alleges that he suffered from acute
disseminated encephalomyelitis (“ADEM”) that was caused by his December 15, 2010, receipt of
influenza (“flu”) vaccine. He further alleges that he experienced the residual effects of these
injuries for more than six months. Respondent denies that the flu vaccine caused petitioner’s
ADEM, any other injury, or his current condition. Nonetheless, the parties agreed to resolve this
matter informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:11-vv-00633-UNJ Document 50 Filed 07/30/14 Page 2 of 11
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards:
a. a lump sum of $867,355.76, representing compensation for first-year life care expenses
($82,929.80), lost earnings ($550,000.00), pain and suffering ($220,000.00), and past
unreimbursable expenses ($14,425.96). The award shall be in the form of a check for
$867,355.76 made payable to petitioner; and
b. an amount sufficient to purchase the annuity contract described in paragraph 10 of the
attached stipulation. The award shall be in the form of a check paid to the life insurance
company from which the annuity will be purchased.
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.2
IT IS SO ORDERED.
Dated: July 9, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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