VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00543 Package ID: USCOURTS-cofc-1_13-vv-00543 Petitioner: KEVIN McERLEAN Filed: 2016-02-19 Decided: 2016-02-19 Vaccine: influenza Vaccination date: 2011-10-20 Condition: winged scapula Outcome: compensated Award amount USD: 200000 AI-assisted case summary: Petitioner Kevin McErlean filed a petition on February 19, 2016, alleging that he suffered from winged scapula caused by an influenza vaccine received on or about October 20, 2011. He further alleged that he experienced the residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused the petitioner's winged scapula or any other injury. Despite the disagreement on causation, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation and awarded Kevin McErlean $200,000.00 as compensation for all damages. The award was to be paid as a check made payable to the petitioner. The decision was issued on February 19, 2016. Theory of causation field: Petitioner alleged that an influenza vaccine administered on or about October 20, 2011, caused him to suffer from winged scapula, with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. The case was resolved via stipulation, resulting in an award of $200,000.00 for all damages. The decision date was February 19, 2016. Petitioner's counsel was Donald M. Gerstein, and respondent's counsel was Lara A. Englund. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00543-0 Date issued/filed: 2016-03-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/19/2016) regarding 54 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00543-UNJ Document 60 Filed 03/11/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-543V Filed: February 19, 2016 Not for Publication ************************************* KEVIN McERLEAN, * * Petitioner, * * Damages decision based on v. * stipulation; influenza (“flu”) * vaccine; winged scapula SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Donald M. Gerstein, Cheyenne, WY, for petitioner. Lara A. Englund, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On February 19, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from winged scapula that was caused by his receipt of influenza (“flu”) vaccine on or about October 20, 2011. He further alleges that he experienced the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner to suffer winged scapula or any other injury. Nonetheless, the parties agreed to resolve this matter informally. 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 delete 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 delete such material from public access. Case 1:13-vv-00543-UNJ Document 60 Filed 03/11/16 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $200,000.00, representing compensation 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 for $200,000.00 made payable 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.2 IT IS SO ORDERED. Dated: February 19, 2016 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 Case 1:13-vv-00543-UNJ Document 60 Filed 03/11/16 Page 3 of 7 Case 1:13-vv-00543-UNJ Document 60 Filed 03/11/16 Page 4 of 7 Case 1:13-vv-00543-UNJ Document 60 Filed 03/11/16 Page 5 of 7 Case 1:13-vv-00543-UNJ Document 60 Filed 03/11/16 Page 6 of 7 Case 1:13-vv-00543-UNJ Document 60 Filed 03/11/16 Page 7 of 7