VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00901
Package ID: USCOURTS-cofc-1_11-vv-00901
Petitioner: Melville Pugh
Filed: 2014-09-09
Decided: 2014-09-09
Vaccine: influenza
Vaccination date: 2008-12-09
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 364798

AI-assisted case summary:
Petitioner Melville Pugh filed a claim on September 9, 2014, alleging that he developed chronic inflammatory demyelinating polyneuropathy (CIDP) caused by an influenza vaccine he received on December 9, 2008. He further alleged that he experienced residual effects from this injury for more than six months. The respondent denied that the flu vaccine caused the petitioner's CIDP or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. The parties, represented by John R. Howie, Jr. for the petitioner and Michael P. Milmoe for the respondent, reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding compensation. The award included a lump sum of $311,548.73, comprising $136,196.43 for first-year life care expenses and $175,352.30 for pain and suffering, to be paid by check to the petitioner. Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded and to be paid to the life insurance company. Subsequently, on December 29, 2014, the parties filed a stipulation regarding attorneys' fees and costs. Special Master Millman adopted this stipulation, awarding $53,250.00 for attorneys' fees and costs, to be paid by check jointly to the petitioner and Howie Law, P.C. The total compensation awarded was $364,798.73. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner alleged that an influenza vaccine administered on December 9, 2008, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP) with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding $311,548.73 for first-year life care expenses and pain and suffering, plus an amount for an annuity. A subsequent stipulation awarded $53,250.00 for attorneys' fees and costs, bringing the total award to $364,798.73. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused CIDP.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00901-0
Date issued/filed: 2014-09-30
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 09/09/2014) regarding 41 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:11-vv-00901-UNJ Document 46 Filed 09/30/14 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-901V
Filed: September 9, 2014
Not for Publication
*************************************
MELVILLE PUGH, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; chronic
* inflammatory demyelinating polyneuropathy
SECRETARY OF HEALTH * (CIDP)
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
John R. Howie, Jr., Dallas, TX, for petitioner.
Michael P. Milmoe, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On September 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
chronic inflammatory demyelinating polyneuropathy (“CIDP”) that was caused by his receipt of
influenza (“flu”) vaccine on December 9, 2008. He further alleges that he experienced the
residual effects of this injury for more than six months. Respondent denies that the flu vaccine
caused petitioner to suffer from CIDP or any other injury and further denies that petitioner’s
current disabilities are sequelae of a vaccine-related injury. Nonetheless, the parties agreed to
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-00901-UNJ Document 46 Filed 09/30/14 Page 2 of 9
resolve this matter informally.
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 $311,548.73, representing compensation for first year life care expenses
($136,196.43) and pain and suffering ($175,352.30). The award shall be in the form of a
check for $311,548.73 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 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: September 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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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00901-1
Date issued/filed: 2015-01-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/29/2014) regarding 48 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:11-vv-00901-UNJ Document 51 Filed 01/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-901V
Filed: December 29, 2014
Not for Publication
*************************************
MELVILLE PUGH, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
John R. Howie, Jr., Dallas, TX, for petitioner.
Michael P. Milmoe, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On December 23, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with General Order #9, petitioner asserts that he did not incur any costs in
pursuit of his petition. Petitioner submitted his request for attorneys’ fees and costs to
respondent. During informal discussions, respondent raised objections to certain aspects of
petitioner’s application. Based on these objections, petitioner amends his application for
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’s 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 redact 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
redact such material from public access.

Case 1:11-vv-00901-UNJ Document 51 Filed 01/20/15 Page 2 of 2
attorneys’ fees and costs to $53,250.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $53,250.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Howie Law, P.C. for $53,250.00.
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: December 29, 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