VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00776
Package ID: USCOURTS-cofc-1_12-vv-00776
Petitioner: Jamie Lee Stewart
Filed: 2012-11-14
Decided: 2017-06-29
Vaccine: influenza
Vaccination date: 2010-10-05
Condition: chronic inflammatory demyelinating neuropathy (CIDP)
Outcome: compensated
Award amount USD: 763000

AI-assisted case summary:
Jamie Lee Stewart filed a petition on November 14, 2012, seeking compensation under the National Vaccine Injury Compensation Program. Mr. Stewart alleged that an influenza vaccine administered on or about October 5, 2010, caused him to develop chronic inflammatory demyelinating neuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Stewart's alleged CIDP or any other injury. Despite the denial, the parties reached a joint stipulation for settlement, which was filed on January 18, 2017. Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. As part of the settlement, Mr. Stewart was awarded a lump sum payment of $763,000.00, payable to him. This amount represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. The attorneys for the petitioner were Isaiah Richard Kalinowski and Maglio Christopher & Toale, P.A. The attorney for the respondent was Ryan Daniel Pyles.

Theory of causation field:
Petitioner Jamie Lee Stewart alleged that an influenza vaccine received on or about October 5, 2010, caused him to develop chronic inflammatory demyelinating neuropathy (CIDP). Respondent denied causation. The parties filed a joint stipulation on January 18, 2017, agreeing to compensation. Special Master Gowen adopted the stipulation as the decision of the Court. Petitioner received a lump sum award of $763,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific mechanism of causation, expert testimony, or medical evidence presented. Attorneys for petitioner were Isaiah Richard Kalinowski and Maglio Christopher & Toale, P.A.; attorney for respondent was Ryan Daniel Pyles. Decision date was June 29, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00776-1
Date issued/filed: 2017-06-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/18/2017) regarding 73 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00776-UNJ Document 84 Filed 06/29/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 18, 2017
* * * * * * * * * * * * *
JAMIE LEE STEWART, * No. 12-776v
*
Petitioner, * UNPUBLISHED OPINION
*
v. * Decision on Damages; Joint
* Stipulation; Chronic Inflammatory
SECRETARY OF HEALTH * Demyelinating Neuropathy (“CIDP”)
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Isaiah Richard Kalinowski, Maglio Christopher & Toale, P.A., Washington, D.C. for
petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, D.C. for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
On November 14, 2012, Jamie Lee Stewart (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 [the “Vaccine Act” or “Program”]. Petitioner alleges that as a result of
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I
intend to post this ruling 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). In accordance with Vaccine Rule 18(b), petitioner
has 14 days to identify and move to delete medical or other information, the disclosure of which
would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified
material fits within this definition, I will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter,
for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of
42 U.S.C. § 300aa (2012).
1

Case 1:12-vv-00776-UNJ Document 84 Filed 06/29/17 Page 2 of 7
an influenza (“flu”) vaccine administered on or about October 5, 2010, he developed
chronic inflammatory demyelinating neuropathy (“CIDP”). Stipulation at ¶ 4.
On January 18, 2017, the parties filed a stipulation stating that compensation should
be awarded to petitioner. Respondent denies that the vaccine caused petitioner’s alleged
CIDP or any other injury. Nevertheless, the parties agree to the 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.
Petitioner shall receive the following compensation:
1) A lump sum payment of $763,000.00 in the form of a check payable to
petitioner Jamie Lee Stewart. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
The Clerk of the Court is directed to enter judgment in accordance with the parties’
stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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