VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00776
Package ID: USCOURTS-cofc-1_13-vv-00776
Petitioner: Huey Hampton
Filed: 2013-10-08
Decided: 2017-02-21
Vaccine: influenza
Vaccination date: 2010-10-14
Condition: Chronic Inflammatory Demyelinating Polyneuropathy
Outcome: compensated
Award amount USD: 257280

AI-assisted case summary:
Huey Hampton filed a petition on October 8, 2013, alleging that an influenza vaccination received on October 14, 2010, caused him to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) with residual effects lasting more than six months. The respondent denied that the flu vaccination caused petitioner's CIDP or any other injury. The parties subsequently filed a joint stipulation on August 11, 2016, agreeing to a settlement. Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $257,280.81, which represented compensation for first-year life care expenses ($17,280.81) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($240,000.00). Additionally, an amount sufficient to purchase an annuity contract was awarded to cover future life care expenses, as described in the stipulation. The public decision does not describe the petitioner's specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Mark T. Sadaka of Mark T. Sadaka, LLC, and respondent was represented by Traci R. Patton of the United States Department of Justice.

Theory of causation field:
Petitioner Huey Hampton alleged that an influenza vaccination on October 14, 2010, caused him to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation on August 11, 2016, agreeing to compensation. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court. The award consisted of a lump sum of $257,280.81 for first-year life care expenses ($17,280.81) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($240,000.00), plus an annuity for future life care expenses. The public decision does not detail the specific medical experts, evidence presented, or the proposed mechanism of causation, relying instead on the joint stipulation for resolution. Petitioner's counsel was Mark T. Sadaka, and respondent's counsel was Traci R. Patton. The decision date was February 21, 2017, based on the stipulation filed August 11, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00776-0
Date issued/filed: 2016-09-15
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 08/12/2016) regarding 52 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00776-UNJ Document 56 Filed 09/15/16 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-776V
Filed: August 12, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
HUEY HAMPTON, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza Vaccine; Chronic
* Inflammatory Demyelinating
SECRETARY OF HEALTH * Polyneuropathy.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Traci R. Patton, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On October 8, 2013, Huey Hampton (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged
that as a result of receiving an influenza (“flu”) vaccination on October 14, 2010, he suffered
Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). Stipulation ¶ 2, 4, filed Aug. 11,
2016. Further, petitioner alleged that he experienced residual effects of this injury for more than
six months. Id. at ¶ 4.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). As provided by Vaccine Rule
18(b), each party has 14 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).
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.
1

Case 1:13-vv-00776-UNJ Document 56 Filed 09/15/16 Page 2 of 9
On August 11, 2016, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that flu vaccination caused petitioner’s
CIDP, or any other injury or condition. Id. at ¶ 6. Nevertheless, the parties agree to the joint
stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and
adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
1) A lump sum of $257,280.81, which amount represents compensation for first year
life care expenses ($17,280.81) and combined lost earnings, pain and suffering,
and past unreimbursable expenses ($240,000.00), in the form of a check payable
to petitioner, Huey Hampton; and
2) An amount sufficient to purchase an annuity contract to provide the benefits
described in paragraph 10 of the stipulation, to be paid to a life insurance
company meeting the criteria described in paragraph 9.
Id. at ¶ 8. These amounts represent compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
The undersigned approves the requested amounts for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation. 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’ joint filing of
notice renouncing the right to seek review.
2

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