VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00680 Package ID: USCOURTS-cofc-1_11-vv-00680 Petitioner: Susan Habchy Filed: 2011-10-14 Decided: 2014-03-26 Vaccine: influenza Vaccination date: Condition: rheumatoid arthritis Outcome: compensated Award amount USD: 145000 AI-assisted case summary: On October 14, 2011, Petitioner Susan Habchy filed a petition under the National Vaccine Injury Compensation Program alleging that an influenza vaccination caused her to develop rheumatoid arthritis. Respondent denied that the vaccination caused Petitioner's injuries. However, both parties agreed to settle the case through a stipulation filed on March 5, 2014. Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The stipulation awarded Petitioner a lump sum of $145,000.00, payable to Petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific date of vaccination, the onset of symptoms, specific clinical details, or any expert testimony. Petitioner was represented by Meredith Daniels of Conway, Homer & Chin-Caplan, and Respondent was represented by Lisa Watts of the U.S. Department of Justice. Theory of causation field: Petitioner Susan Habchy alleged that an influenza vaccine caused her to develop rheumatoid arthritis. Respondent denied causation. The parties reached a stipulation on March 5, 2014, agreeing to settle the case. Special Master Nora Beth Dorsey adopted the stipulation, awarding Petitioner $145,000.00. The public decision does not specify the vaccination date, age, onset, symptoms, medical records, expert testimony, or a specific theory of medical causation. Petitioner's counsel was Meredith Daniels, and Respondent's counsel was Lisa Watts. The decision date was March 26, 2014. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00680-0 Date issued/filed: 2014-03-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/05/2014) regarding 59 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00680-UNJ Document 64 Filed 03/26/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-680V (E-Filed: March 5, 2014) * * * * * * * * * * * * * * * SUSAN HABCHY, * UNPUBLISHED * Petitioner, * Special Master * Nora Beth Dorsey v. * * Influenza vaccine; Rheumatoid SECRETARY OF HEALTH AND * Arthritis; Decision; Stipulation. HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * Meredith Daniels, Conway, Homer & Chin-Caplan, Boston, MA, for Petitioner. Lisa Watts, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 14, 2011, Petitioner, Susan Habchy, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”). Petitioner alleged that she suffered rheumatoid arthritis that was caused-in- fact by the influenza vaccination.2 1 Because this unpublished decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 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 entire” decision will be available to the public. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002) 1 Case 1:11-vv-00680-UNJ Document 64 Filed 03/26/14 Page 2 of 7 Respondent denies that Petitioner’s vaccinations caused her injuries. Nonetheless, both parties, while maintaining their above stated positions, agreed in a Stipulation, filed March 5, 2014, (“Stipulation”) that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The stipulation awards: A lump sum of $145,000.00, 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) to which Petitioner would be entitled. Stipulation ¶ 8. The undersigned approves the requested amounts for Petitioner’s compensation. 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.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties= joint filing of notice renouncing the right to seek review. 2 Case 1:11-vv-00680-UNJ Document 64 Filed 03/26/14 Page 3 of 7 Case 1:11-vv-00680-UNJ Document 64 Filed 03/26/14 Page 4 of 7 Case 1:11-vv-00680-UNJ Document 64 Filed 03/26/14 Page 5 of 7 Case 1:11-vv-00680-UNJ Document 64 Filed 03/26/14 Page 6 of 7 Case 1:11-vv-00680-UNJ Document 64 Filed 03/26/14 Page 7 of 7