VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00405 Package ID: USCOURTS-cofc-1_12-vv-00405 Petitioner: William J. Bodi Filed: 2016-08-29 Decided: 2016-10-17 Vaccine: influenza Vaccination date: 2009-10-03 Condition: lumbosacral radiculoplexus neuropathy Outcome: compensated Award amount USD: 130000 AI-assisted case summary: William J. Bodi filed a petition on August 29, 2016, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from lumbosacral radiculoplexus neuropathy (LSRPN) as a result of receiving an influenza vaccine on October 3, 2009, and that he experienced residual effects from this injury for more than six months. The Secretary of Health and Human Services, respondent, denied that the flu vaccine caused Mr. Bodi's alleged LSRPN or any other injury. Despite maintaining their positions, both parties agreed to settle the case. Special Master Brian H. Corcoran reviewed the file and adopted the parties' stipulation as the decision. Mr. Bodi was awarded a lump sum of $130,000.00, payable by check to Petitioner, as compensation for all damages available under the Act. This decision was filed on October 17, 2016. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Isaiah R. Kalinowski of Maglio, Christopher and Toale, PA, and Respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice. Theory of causation field: Petitioner William J. Bodi alleged that he suffered from lumbosacral radiculoplexus neuropathy (LSRPN) as a result of receiving an influenza vaccine on October 3, 2009, and experienced residual effects for more than six months. Respondent denied causation. The parties stipulated to settle the case, and Special Master Brian H. Corcoran adopted the stipulation. Petitioner was awarded $130,000.00. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was settled via stipulation, and the decision was filed on October 17, 2016. Petitioner's counsel was Isaiah R. Kalinowski, and Respondent's counsel was Debra A. Filteau Begley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00405-0 Date issued/filed: 2016-10-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/29/2016) Regarding 90 DECISION - Stipulation: (Signed by Special Master Brian H. Corcoran.) (ed) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00405-UNJ Document 93 Filed 10/17/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-405V * * * * * * * * * * * * * * * * * * * * * * * * * * Special Master Corcoran WILLIAM J. BODI, * * Petitioner, * Filed: August 29, 2016 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; Lumbosacral AND HUMAN SERVICES, * Radiculoplexus Neuropathy (“LSRPN”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Isaiah R. Kalinowski, Maglio, Christopher and Toale, PA, Washington, DC, for Petitioner. Debra A. Filteau Begley, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 22, 2012, William J. Bodi filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he suffered from lumbosacral radiculoplexus neuropathy (“LSRPN”) as a result of his October 3, 2009, receipt of the influenza (“flu”) vaccine. Moreover, Petitioner alleges that he experienced residual effects of this injury for more than six months. An entitlement hearing was held on February 11, 2016, but the parties subsequently entered into settlement discussions. 1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 whole decision will be available to the public. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Case 1:12-vv-00405-UNJ Document 93 Filed 10/17/16 Page 2 of 7 Respondent denies that the flu vaccine caused Petitioner’s alleged LSRPN, or any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on August 28, 2016) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  A lump sum of $130,000.00 in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:12-vv-00405-UNJ Document 93 Filed 10/17/16 Page 3 of 7 Case 1:12-vv-00405-UNJ Document 93 Filed 10/17/16 Page 4 of 7 Case 1:12-vv-00405-UNJ Document 93 Filed 10/17/16 Page 5 of 7 Case 1:12-vv-00405-UNJ Document 93 Filed 10/17/16 Page 6 of 7 Case 1:12-vv-00405-UNJ Document 93 Filed 10/17/16 Page 7 of 7