VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00852 Package ID: USCOURTS-cofc-1_13-vv-00852 Petitioner: E.L. Filed: 2013-10-29 Decided: 2016-11-16 Vaccine: influenza Vaccination date: 2010-12-01 Condition: transverse myelitis Outcome: compensated Award amount USD: 921453 AI-assisted case summary: On October 29, 2013, Adam Luna, as parent of E.L., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that E.L. suffered neurological injuries and/or transverse myelitis as a result of an influenza vaccine administered on December 1, 2010. Respondent denied that the flu vaccine caused E.L.'s condition but agreed to a joint stipulation for damages. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court. E.L. was awarded a total of $921,453.87. This amount included a lump sum of $703,893.87 for first-year life care expenses, partial lost future earnings, and pain and suffering, payable to Petitioner as guardian or conservator of E.L.'s estate upon documentation of appointment. An additional lump sum of $22,970.88 was awarded for past unreimbursable expenses, payable to Petitioner, Adam Luna. A further lump sum of $15,189.22 was awarded as reimbursement for a lien for vaccine-related services, payable jointly to Petitioner and the Alabama Medicaid Agency. The award also included an amount sufficient to purchase an annuity contract, as described in the stipulation. The total award was contingent upon Petitioner providing documentation of his appointment as guardian or conservator of E.L.'s estate. Judgment was to be entered in accordance with the stipulation. Theory of causation field: Petitioner alleged that E.L. suffered neurological injuries and/or transverse myelitis as a result of an influenza vaccine administered on December 1, 2010. Respondent denied causation. The parties filed a joint stipulation for damages, which the Special Master adopted. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The award was a total of $921,453.87, including a lump sum for life care expenses, lost earnings, and pain and suffering, a lump sum for past unreimbursable expenses, a lump sum for reimbursement of a lien for vaccine-related services, and an amount for an annuity contract. Special Master Lisa Hamilton-Fieldman issued the decision on November 16, 2016. Petitioner's counsel was Ronald C. Homer. Respondent's counsel was Julia W. McInerny. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00852-0 Date issued/filed: 2016-11-16 Pages: 16 Docket text: PUBLIC DECISION (Originally filed: 10/18/2016) regarding 58 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (ca1) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 1 of 16 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-852V Filed: October 18, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED ADAM LUNA, parent of E.L., a minor * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Influenza Vaccine; Transverse * Myelitis. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner. Julia W. McInerny, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On October 29, 2013, Adam Luna (“Petitioner”) filed a petition on behalf of his minor child, E.L., for compensation 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 an influenza (“flu”) vaccine administered on December 1, 2010, E.L. suffered neurological injuries and/or transverse myelitis (“TM”). See Stipulation for Award at ¶ 2, 4, filed Oct. 17, 2016. On October 17, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Respondent denies that the flu vaccine caused E.L. to suffer neurological injuries and/or TM, or any other injury, or his current 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, codified as amended at 44 U.S.C. § 3501 note (2012). 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 (2006) (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-00852-UNJ Document 62 Filed 11/16/16 Page 2 of 16 condition. 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 $703,893.87, which amount represents compensation for first year life care expenses ($211,960.20), partial lost future earnings ($314,433.67), and pain and suffering ($177,500.00), in the form of a check payable to Petitioner as guardian(s)/conservator(s) of the estate of E.L. for the benefit of E.L. No payments shall be made until Petitioner provides Respondent with documentation establishing that he has been appointed as the guardian(s)/conservator(s) of E.L.’s estate; 2) A lump sum of $22,970.88, which amount represents compensation for past unreimburseable expenses, in the form of a check payable to Petitioner, Adam Luna; 3) A lump sum of $15,189.22, which amount represents reimbursement of a lien for vaccine-related services rendered on behalf of E.L., in the form of a check payable jointly to Petitioner and Alabama Medicaid Agency c/o HMS Attn: AL Medicaid Subrogation Unit 2000 Interstate Park Dr., Suite 401 Montgomery, AL 36109 Medicaid I.D. #: 500002251491 4) An amount sufficient to purchase the annuity contract described in paragraph 10 of the parties’ stipulation, to be paid to a life insurance company meeting the criteria described in paragraph 9 of the parties’ stipulation, from which the annuity will be purchased. Id. at ¶ 8. These amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. The undersigned approves the requested amounts for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 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 Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 3 of 16 IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master 3 Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 4 of 16 Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 5 of 16 Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 6 of 16 Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 7 of 16 Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 8 of 16 Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 9 of 16 Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 10 of 16 Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 11 of 16 Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 12 of 16 Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 13 of 16 Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 14 of 16 Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 15 of 16 Case 1:13-vv-00852-UNJ Document 62 Filed 11/16/16 Page 16 of 16