VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00579
Package ID: USCOURTS-cofc-1_13-vv-00579
Petitioner: John N. Kump
Filed: 2013-08-14
Decided: 2016-10-24
Vaccine: influenza
Vaccination date: 2010-09-30
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 330000

AI-assisted case summary:
John N. Kump filed a petition on August 14, 2013, alleging that an influenza vaccine he received on September 30, 2010, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). Respondent denied that the vaccination caused petitioner's CIDP or any other injury. The parties subsequently filed a joint stipulation on February 1, 2016, to settle the case. Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum payment of $330,000.00, payable to John N. Kump, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation also noted that proceedings would be held to award reasonable attorneys' fees and costs. Petitioner was represented by Danielle Strait of Maglio Christopher and Toale, PA, and respondent was represented by Justine Walters of the U.S. Department of Justice. The decision was issued by Special Master Moran.

Theory of causation field:
Petitioner John N. Kump received an influenza vaccine on September 30, 2010, and alleges it caused him to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). Respondent denied causation. The parties entered into a joint stipulation on February 1, 2016, agreeing to settle the case. Special Master Christian J. Moran adopted the stipulation, awarding petitioner $330,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs were to be determined in subsequent proceedings. Petitioner was represented by Danielle Strait (Maglio Christopher and Toale, PA), and respondent was represented by Justine Walters (U.S. Department of Justice). The public decision does not describe the specific medical experts, clinical details of the injury onset or progression, diagnostic tests, or treatment received.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00579-0
Date issued/filed: 2016-03-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/16/16) regarding 61 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: #1 Appendix 1)(dh) Copy to parties. Modified on 7/10/2019 to include the attachment(s) in the main document for posting to the courts website (da).
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Case 1:13-vv-00579-UNJ Document 62 Filed 03/08/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JOHN N. KUMP, * No. 13-579V
* Special Master Christian J. Moran
Petitioner, *
*
v. * Filed: February 16, 2016
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”);
AND HUMAN SERVICES, * vaccination; chronic
* inflammatory demyelinating
Respondent. * polyneuropathy; (“CIDP”).
*
* * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio Christopher and Toale, PA, Washington, D.C., for
Petitioner;
Justine Walters, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
UNPUBLISHED DECISION1
On February 1, 2016, respondent filed the parties’ joint stipulation
concerning the petition for compensation filed by John N. Kump on August 14,
2013. Petitioner alleges the influenza (“flu”) vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which John Kump
received on September 30, 2010, caused him to develop chronic inflammatory
demyelinating polyneuropathy (“CIDP”). Petitioner represents that there has been
no prior award or settlement of a civil action for damages on his behalf as a result
of his condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:13-vv-00579-UNJ Document 62 Filed 03/08/16 Page 2 of 7
Respondent denies that the vaccination caused petitioner’s CIDP or any
other injury or condition.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $330,000.00 in the form of a check payable to
petitioner, John N. Kump. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-579V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:13-vv-00579-UNJ Document 62 Filed 03/08/16 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JOHN N. KUMP, )
)
Petitioner, )
) No. 13-579V
v. ) Special Master Moran
) ECF
SECRETARY OF HEALTII AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury
~ompensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the ''Vaccine Program''). The petition
seeks compensation for injuries allegedly related to petitioner's receipt of the influenza vaccine,
which vaccine is contained in the Vaccine Injury Table (the "Table''), 42 C.F.R. § I00.3(a).
2. Petitioner received an influenza immunization on September 30, 2010.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffers from Chronic Intlrunma1~ry Demyelinating
Polyneuropathy ("CIDP") as a result ofr eceiving the influenza vaccine.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his condition.
6. Respondent denies that the influenza immunization caused petitioner's C.JDP or any
other injury or his current condition.

Case 1:13-vv-00579-UNJ Document 62 Filed 03/08/16 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and 'that a decision should be entered awarding the
compensation descn'bed in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgm~nt reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the-Secretary of Health and Human Services will issue a
lump sum payment of $330,000 .00 in the fonn of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(l) , and an application, the parties will submit to further proceedings
before the special roaster to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and his attorney represent that they have identified to respondent all
known sources of payment for items or services for which.t he Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), including State compensation programs, insurance policies, ·
Federal or State health lfonefits programs (other than Title XIX oft he Social Security Act
(42 U.S.C.·§ 1396 ,et seq.)), or entities that provide health services on a pre-paid basis.
11. Payment made pursuant ~o paragraph 8 and any amounts awarded pursuant to ·
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa~l5(i), su~ject
to the availability of sufficient statutory fun~s.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees, litigation costs, and past unreimbursable expenses, the money provided
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Case 1:13-vv-00579-UNJ Document 62 Filed 03/08/16 Page 5 of 7
pursuant to this Stipulation will be used solely for the benefit of petition.er as contemplated by a
strict construction of4 2 U.S.C. §§ 300aa-15(a) and (d), and subject to the oonditions of
42 U.S.C. §§ 300aa-1S(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity and on behalf ofh is heirs, executors, administrators, succes~ors or assigns,
does forever irrevocably and unconditionally release, acqtiit and discharge the United States and
the Secretary ofH ealth and Human Services from any and all actions or causes of action
(including agreements, judgments, c~~· damages, loss C?f services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the influenza vaccination administered on September 30,
2010, as alleged by petitioner in a petition for vaccine compensation filed on or about August 14,
as
2013, in tho United States Court of Federal Claims petition No. 13-579V.
14. Ifp etitioner should die prio~ to entry ofj udgment, this agreement shall be voidable
upon proper notice to th~ Court on behalf of either or both of the parties.
lS. If the special master f:ail.s to issue a decision in complete conformity with the terms
of this Stipulation or ift he Court ofF ederal Claims fails to enter judgment in conformity with a
decision that is in complete confonnity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voida_ble at the sole discretion c;.f either party.
16. This Stipulation expresses a full and co~plete negotiated settlement ofl iability and .
damages claimed und~ the National Childhood Vaccine Injury Act of 1986, as amended, except
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Case 1:13-vv-00579-UNJ Document 62 Filed 03/08/16 Page 6 of 7
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part oft he
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree.and understand that the award described in this
Stipulation may reflect a compromise of the parties, respective positions as to liability ahd/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services th.at the influenza vaccine caused petitioner's CIDP or
any other injury or his current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:13-vv-00579-UNJ Document 62 Filed 03/08/16 Page 7 of 7
Respectfully submitted,
PETITIONER:
JOHNN.KUMP
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PE nONER: OF THE ATTORNEY GENERAL:
LEA.. TRAIT,
aglio Christopher & Toale, PA Deputy Directo
1775 Pennsylvania Avenue, NW Torts Branch
Suite 225 Civil Division
Washington, DC 20006 U.S. Deparbnent ofJ ustice
(888) 952-5242 P.O. Box 146 ·
Benjamin Franklin Station
Washington, DC 20044-0146
ATTORNEY OF RECORD FOR
RESPONDENT:
A. MELISSA HOUSTON, M.D., M.P.H., FAAP
Director, Division of Injury Tria ttorney
Compensation Programs (DICP) Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08Nl 46B Washington, DC 20044-0146
Rockville, MD 20857 (202) 307-6393
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Dated: t / .:20 l U
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