VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00591
Package ID: USCOURTS-cofc-1_12-vv-00591
Petitioner: Wilma Reed
Filed: 2012-09-11
Decided: 2015-04-28
Vaccine: influenza
Vaccination date: 2009-09-18
Condition: cellulitis and neurologic injuries
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
On September 11, 2012, Wilma Reed filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on or about September 18, 2009, caused her to develop cellulitis and neurologic injuries, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on August 9, 2013, conceding that the flu vaccine caused petitioner's cellulitis but denying that it caused her neurologic injuries or any other injury. Despite this disagreement, both parties filed a joint stipulation on April 6, 2015, to settle the case. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner Wilma Reed was awarded a lump sum of $150,000.00, payable to her, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on April 28, 2015. Petitioner was represented by Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and respondent was represented by Amy P. Kokot of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details of the injuries, diagnostic tests performed, or treatments received. No specific medical experts were named in the public decision.

Theory of causation field:
Petitioner Wilma Reed alleged that an influenza vaccine received on September 18, 2009, caused cellulitis and neurologic injuries. Respondent conceded in its August 9, 2013 Rule 4(c) Report that the flu vaccine caused the cellulitis but denied causation for the neurologic injuries. The parties reached a joint stipulation on April 6, 2015, to resolve the case. Chief Special Master Nora Beth Dorsey approved the stipulation, awarding petitioner $150,000.00 as a lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or the specific medical evidence considered for either the conceded cellulitis or the denied neurologic injuries. The decision date was April 28, 2015. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was Amy P. Kokot.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00591-0
Date issued/filed: 2015-04-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/07/2015) regarding 73 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:12-vv-00591-UNJ Document 78 Filed 04/28/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-591V
Filed: April 7, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
WILMA REED, *
*
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza Vaccine; Cellulitis;
AND HUMAN SERVICES, * Neurologic Injuries.
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Amy P. Kokot, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On September 11, 2012, Wilma Reed (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that as a result of receiving an influenza (“flu”) vaccine on or about September 18, 2009, she
developed cellulitis and neurologic injuries. Stipulation at ¶ 2, 4. Further, petitioner alleged that
she experienced residual effects of her injuries for more than six months. Id. at ¶ 4.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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).
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. §§ 300aa-1 to -34 (2006) (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.
1

Case 1:12-vv-00591-UNJ Document 78 Filed 04/28/15 Page 2 of 7
On April 6, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent conceded in her Rule 4(c) Report, filed on August
9, 2013, that the flu vaccine caused petitioner’s cellulitis. However, respondent denies that the flu
vaccine was the cause of petitioner’s neurologic injuries, or any other injury except cellulitis. Id.
at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A.
The undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $150,000.00, in the form of a check payable to petitioner, Wilma Reed.
This amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
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

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