VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00666 Package ID: USCOURTS-cofc-1_12-vv-00666 Petitioner: Gwendolyn Murphy Filed: 2017-01-24 Decided: 2017-01-24 Vaccine: influenza Vaccination date: 2009-10-15 Condition: neurological demyelinating injury Outcome: compensated Award amount USD: 200000 AI-assisted case summary: On January 24, 2017, Gwendolyn Murphy filed a petition alleging that she suffered a neurological demyelinating injury caused by her receipt of an influenza vaccine on October 15, 2009. Ms. Murphy further alleged that she experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner to suffer from a neurological demyelinating injury or any other injury. The parties, however, reached a stipulation to resolve the matter informally. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Gwendolyn Murphy a lump sum of $200,000.00, representing reimbursement for all damages available under the National Vaccine Injury Compensation Program. The award was to be paid by check to Ms. Murphy. The decision was issued on January 24, 2017. Petitioner was represented by Ed Kraus, and respondent was represented by Alexis B. Babcock. Theory of causation field: Petitioner Gwendolyn Murphy alleged a neurological demyelinating injury caused by an influenza vaccine received on October 15, 2009, with residual effects lasting more than six months. Respondent denied causation. The parties reached an informal settlement via stipulation, which Special Master Laura D. Millman found reasonable and adopted. The decision does not detail the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. The award was a lump sum of $200,000.00, representing all damages available under the program. The decision date was January 24, 2017. Petitioner's counsel was Ed Kraus, and respondent's counsel was Alexis B. Babcock. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00666-1 Date issued/filed: 2017-02-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/24/2017) regarding 82 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00666-UNJ Document 90 Filed 02/21/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-666V Filed: January 24, 2017 Not for Publication ************************************* GWENDOLYN MURPHY, * * Petitioner, * Damages decision based on * stipulation; influenza (“flu”) v. * vaccine; neurological * demyelinating injury SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Ed Kraus, Chicago, IL, for petitioner. Alexis B. Babcock, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On January 24, 2017, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered from a neurological demyelinating injury caused by her October 15, 2009 receipt of influenza (“flu”) vaccine. Petitioner further alleges that she experienced residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner to suffer from a neurological demyelinating injury or any other injury. Nonetheless, the parties agreed to resolve 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, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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. 1 Case 1:12-vv-00666-UNJ Document 90 Filed 02/21/17 Page 2 of 7 this matter informally. The undersigned finds the terms of the stipulation to be reasonable. The court adopts the parties’ stipulation, attached, and awards compensation in the amount and on the terms set forth in the stipulation. Pursuant to the stipulation, the court awards a lump sum of $200,000.00, representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check payable to petitioner in the amount of $200,000.00. 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: January 24, 2017 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 CCaassee 11::1122--vvvv--0000666666--UUNNJJ DDooccuummeenntt 8910 FFiilleedd 0012//2241//1177 PPaaggee 13 ooff 57 CCaassee 11::1122--vvvv--0000666666--UUNNJJ DDooccuummeenntt 8910 FFiilleedd 0012//2241//1177 PPaaggee 24 ooff 57 CCaassee 11::1122--vvvv--0000666666--UUNNJJ DDooccuummeenntt 8910 FFiilleedd 0012//2241//1177 PPaaggee 35 ooff 57 CCaassee 11::1122--vvvv--0000666666--UUNNJJ DDooccuummeenntt 8910 FFiilleedd 0012//2241//1177 PPaaggee 46 ooff 57 CCaassee 11::1122--vvvv--0000666666--UUNNJJ DDooccuummeenntt 8910 FFiilleedd 0012//2241//1177 PPaaggee 57 ooff 57