VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00484 Package ID: USCOURTS-cofc-1_13-vv-00484 Petitioner: Devon Jaffri Filed: 2016-09-13 Decided: 2016-10-17 Vaccine: influenza Vaccination date: 2011-11-22 Condition: acute disseminating encephalomyelitis (ADEM) and/or multiple sclerosis (MS) Outcome: compensated Award amount USD: 175000 AI-assisted case summary: Devon Jaffri filed a petition on July 17, 2013, seeking compensation under the National Vaccine Injury Compensation Program. Ms. Jaffri alleged that she suffered neurological injuries, specifically acute disseminating encephalomyelitis (ADEM) and/or multiple sclerosis (MS), with residual effects lasting more than six months, as a result of receiving an influenza vaccine on November 22, 2011. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Jaffri's alleged injuries. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on September 13, 2016. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case. As a result, Ms. Jaffri was awarded a lump sum of $175,000.00, payable by check to Petitioner, as compensation for all damages available under the National Vaccine Injury Compensation Program. The decision was finalized on October 17, 2016. Petitioner was represented by Clifford J. Shoemaker of Shoemaker, Gentry, & Knickelbein, and Respondent was represented by Lisa A. Watts of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation. Theory of causation field: Petitioner Devon Jaffri alleged that her November 22, 2011, receipt of an influenza vaccine caused her to suffer acute disseminating encephalomyelitis (ADEM) and/or multiple sclerosis (MS), with residual effects lasting more than six months. Respondent denied causation. The parties reached a settlement via stipulation filed September 13, 2016, and Special Master Brian H. Corcoran adopted the stipulation as his decision on October 17, 2016. The stipulation awarded Petitioner a lump sum of $175,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00484-0 Date issued/filed: 2016-10-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/13/2016) Regarding 86 DECISION - Stipulation: (Signed by Special Master Brian H. Corcoran.) (ed) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00484-UNJ Document 91 Filed 10/17/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-484V * * * * * * * * * * * * * * * * * * * * * * * * * * Special Master Corcoran DEVON JAFFRI, * * Petitioner, * Filed: September 13, 2016 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; AND HUMAN SERVICES, * Neurologic Injury; Acute Disseminating * Encephalomyelitis (“ADEM”); Respondent. * Multiple Sclerosis. * * * * * * * * * * * * * * * * * * * * * * * * * * Clifford J. Shoemaker, Shoemaker, Gentry, & Knickelbein, Vienna, VA, for Petitioner. Lisa A. Watts, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 17, 2013, Devon Jaffri filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she suffered from primarily neurological injuries, including acute disseminating encephalomyelitis (“ADEM”) and/or multiple sclerosis (“MS”), as a result of her November 22, 2011, receipt of the influenza (“flu”) vaccine. Moreover, Petitioner alleges that she experienced residual effects of this injury for more than six months. 1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole decision will be available to the public. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Case 1:13-vv-00484-UNJ Document 91 Filed 10/17/16 Page 2 of 7 Respondent denies that the flu vaccine caused Petitioner’s alleged ADEM, MS, or any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on September 13, 2016) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  A lump sum of $175,000.00 in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:13-vv-00484-UNJ Document 91 Filed 10/17/16 Page 3 of 7 Case 1:13-vv-00484-UNJ Document 91 Filed 10/17/16 Page 4 of 7 Case 1:13-vv-00484-UNJ Document 91 Filed 10/17/16 Page 5 of 7 Case 1:13-vv-00484-UNJ Document 91 Filed 10/17/16 Page 6 of 7 Case 1:13-vv-00484-UNJ Document 91 Filed 10/17/16 Page 7 of 7