VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00010
Package ID: USCOURTS-cofc-1_13-vv-00010
Petitioner: J.I.
Filed: 2013-01-04
Decided: 2018-01-10
Vaccine: influenza
Vaccination date: 2010-01-06
Condition: focal-onset seizure activity allegedly following influenza vaccine; residual effects greater than six months
Outcome: compensated
Award amount USD: 165000

AI-assisted case summary:
On January 4, 2013, Chelcie Ingrassia, as guardian ad litem for her minor son, J.I., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that J.I. received an influenza vaccine on January 6, 2010, and subsequently sustained focal onset seizure activity with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused J.I.'s alleged seizure activity, any other injury, or his current condition. Despite these denials, the parties reached a joint stipulation to settle the case. On January 10, 2018, Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The stipulation awarded compensation totaling $165,000.00. This amount included a lump sum of $155,000.00 payable to petitioner as guardian or conservator of J.I.'s estate for all damages available under the Vaccine Act. Additionally, a lump sum payment of $10,000.00 was designated to satisfy the State of Oregon Medicaid lien, payable jointly to petitioner and Care Oregon. Petitioner was represented by Neal Fialkow of Pasadena, California, and respondent was represented by Alexis Babcock of the United States Department of Justice. The public decision does not provide J.I.'s date of birth or exact age at the time of vaccination, describe his health prior to vaccination, specify the date of seizure onset, detail any emergency care or neurology records, name treating physicians or experts, or analyze a biological mechanism linking influenza vaccination to focal-onset seizures.

Theory of causation field:
Petitioner alleged that minor J.I. received an influenza vaccine on January 6, 2010, and subsequently developed focal onset seizure activity with residual effects lasting over six months. Respondent denied causation. The case was resolved via joint stipulation, not through litigated entitlement findings. The public decision does not specify J.I.'s age, date of seizure onset, diagnostic testing, treating physicians, experts, or a biological mechanism. Special Master Thomas L. Gowen adopted the stipulation on January 10, 2018. The award was $165,000.00 total: $155,000.00 to petitioner as guardian/conservator of J.I.'s estate for all Vaccine Act damages, and $10,000.00 payable jointly to petitioner and Care Oregon to satisfy the State of Oregon Medicaid lien. Petitioner's counsel was Neal Fialkow; respondent's counsel was Alexis Babcock.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00010-0
Date issued/filed: 2018-02-08
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 01/10/2018) regarding 83 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Service on parties made.
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Case 1:13-vv-00010-UNJ Document 87 Filed 02/08/18 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 10, 2018
* * * * * * * * * * * * * * * * * * *
CHELCIE INGRASSIA, as guardian * UNPUBLISHED
ad litem for minor son, J.I., *
* No. 13-10V
Petitioner, *
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Joint Stipulation; Influenza (“Flu”)
AND HUMAN SERVICES, * Vaccination; Focal Onset Seizure
* Activity.
Respondent. *
* * * * * * * * * * * * * * * * * * *
Neal Fialkow, Neal Fialkow Esq., Pasadena, CA, for petitioner.
Alexis Babcock, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On January 4, 2013, Chelcie Ingrassia (“petitioner”), as guardian ad litem for minor son,
J.I., filed a petition for compensation pursuant to the National Vaccine Injury Compensation
Program.2 Petitioner alleges that as a result of J.I. receiving an influenza (“flu”) vaccine on
January 6, 2010, J.I. sustained focal onset seizure activity with residual effects lasting for more
than six months.
On January 10, 2018, respondent filed a joint stipulation in which they state that a
decision should be entered awarded compensation to petitioner. Joint Stipulation (ECF No. 82).
Respondent denies that the flu vaccine caused J.I.’s alleged seizure activity, any other injury, or
his current condition. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless
now agree that the issues between them shall be settled and that a decision should be entered
1
Because this decision contains a reasoned explanation for the action in this case, the undersigned intends to post it
on the website of the United States Court of Federal Claims, pursuant to the E-Government Act of 2002, see 44
U.S.C. § 3501 note (2012). The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the
decision is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the
court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14
days, the decision will be posted on the court’s website. Id.
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 (2012)
(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.

Case 1:13-vv-00010-UNJ Document 87 Filed 02/08/18 Page 2 of 8
awarding compensation to petitioner according to the terms of the joint stipulation attached
hereto as Appendix A.
The joint stipulation awards:
a) A lump sum of $155,000.00 in the form of a check payable to petitioner as
guardian/ conservator of J.I.’s estate. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a); and
b) A lump sum payment of $10,000.00 representing compensation for satisfaction of
the State of Oregon Medicaid lien, payable jointly to petitioner and
Care Oregon
c/o Subrogation Services
722 Country Club Road
Eugene, OR 97401.
I find the stipulation reasonable and I adopt it as the decision of the Court in
awarding damages, on the terms set forth therein.
Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with
the terms of 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 is expedited by the parties jointly or separately filing notice
renouncing their right to seek review.

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