VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00046
Package ID: USCOURTS-cofc-1_13-vv-00046
Petitioner: Fred Damaske
Filed: 2013-01-18
Decided: 2014-04-09
Vaccine: influenza
Vaccination date: 2010-01-22
Condition: Bell's palsy
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Fred Damaske filed a petition for compensation under the National Vaccine Injury Compensation Program on January 18, 2013. He alleged that a flu vaccination he received on January 22, 2010 caused him to develop Bell's palsy and that he experienced residual effects of this injury for more than six months. The respondent denied that the flu vaccine caused petitioner's Bell's palsy or any other injury. Despite the denial, both parties agreed to a stipulation to settle the case. Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. As part of the settlement, the respondent agreed to pay the petitioner a lump sum of $25,000.00, payable to Fred Damaske. This amount was intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, clinical details of the Bell's palsy, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the injury. The decision also does not name petitioner's counsel or respondent's counsel.

Theory of causation field:
Petitioner Fred Damaske alleged that a flu vaccination received on January 22, 2010, caused him to develop Bell's palsy and experience residual effects for more than six months. Respondent denied causation. The parties reached a joint stipulation to settle the case. Special Master Thomas L. Gowen adopted the stipulation, awarding $25,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, relying instead on the parties' agreement.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00046-0
Date issued/filed: 2014-04-09
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 3/14/2014) regarding 21 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00046-UNJ Document 25 Filed 04/09/14 Page 1 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-0046V
Filed: March 14, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * *
FRED DAMASKE, *
*
Petitioner, * Stipulation; Flu; Bell’s Palsy
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent.
* * * * * * * * * * * * * * * * * * * * * * * *
Jerome A. Konkel, Esq., Samster, Konkel & Safran, S.C., Milwaukee, WI for petitioner.
Jennifer Leigh Reynaud, Esq., US Dept. of Justice, Washington, DC for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Fred Damaske [“petitioner”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on January 18, 2013. Petitioner alleges that he
sustained a vaccine-related injury diagnosed as Bell’s palsy that was caused in fact by a
flu vaccination he received on January 22, 2010. See Stipulation, filed Mar. 13, 2014, at
¶¶ 2, 4. Further, petitioner alleges that he experienced residual effects of his injury for
more than six months. Id. Respondent denies that petitioner’s alleged Bell’s palsy and
residual effects were caused-in-fact by the flu vaccine and further denies that the flu
vaccine caused petitioner any other injury or his current condition. Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, 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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, 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 (2006).
1

Case 1:13-vv-00046-UNJ Document 25 Filed 04/09/14 Page 2 of 8
Nevertheless, the parties have agreed to settle the case. On March 13, 2014,
the parties filed a joint stipulation agreeing to settle this case and describing the
settlement terms.
Respondent agrees to pay petitioner:
a. A lump sum of $25,000.00 in the form of a check payable to petitioner,
Fred Damaske. This amount represents compensation for all damages that
would be available under § 300aa-15(a).
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.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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