VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00869 Package ID: USCOURTS-cofc-1_13-vv-00869 Petitioner: Matthew Ruppert Filed: 2013-11-01 Decided: 2019-06-27 Vaccine: influenza Vaccination date: 2012-12-08 Condition: Multiple Sclerosis (MS) Outcome: compensated Award amount USD: 205000 AI-assisted case summary: Matthew Ruppert filed a petition on November 1, 2013, and an amended petition on August 14, 2014, alleging that the Human Papillomavirus (HPV), Hepatitis A, and influenza (flu) vaccinations caused him to develop Multiple Sclerosis (MS). He received an HPV vaccination on March 3, 2012, and received HPV, Hepatitis A, and flu vaccinations on December 8, 2012. The respondent denied that the vaccinations caused petitioner's MS or any other injury. The parties subsequently filed a joint stipulation on August 28, 2018, agreeing to settle the case and award compensation to the petitioner. Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The petitioner was awarded a lump sum of $205,000.00, payable to him, and an additional amount sufficient to purchase an annuity contract for future expenses. This award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the petitioner's specific symptoms, medical tests, treatments, or the names of any medical experts. The attorneys involved were Sylvia Chin-Caplan for the petitioner and Debra A. Filteau Begley for the respondent. Theory of causation field: Petitioner Matthew Ruppert alleged that HPV vaccination on March 3, 2012, and HPV, Hepatitis A, and flu vaccinations on December 8, 2012, caused him to develop Multiple Sclerosis (MS). Respondent denied causation. The parties reached a joint stipulation on August 28, 2018, settling the case. Special Master Gowen adopted the stipulation, awarding petitioner a lump sum of $205,000.00 and an annuity for future expenses. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the theory of causation, relying instead on the joint stipulation for resolution. Attorneys: Sylvia Chin-Caplan for petitioner; Debra A. Filteau Begley for respondent. Decision Date: August 28, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00869-3 Date issued/filed: 2018-09-24 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: August 28, 2018) regarding 116 DECISION of Special Master on Stipulation. Signed by Special Master Thomas L. Gowen. (kl) Service on parties made. -------------------------------------------------------------------------------- Case 1:13-vv-00869-UNJ Document 117 Filed 09/24/18 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 28, 2018 * * * * * * * * * * * * * * * * * * * * * * * * * MATTHEW RUPPERT, * UNPUBLISHED * * No. 13-869V * Petitioner, * Special Master Gowen v. * * Joint Stipulation; Influenza (Flu); SECRETARY OF HEALTH * Hepatitis A; Human Papillomavirus AND HUMAN SERVICES, * (HPV); Multiple Sclerosis (MS). * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Sylvia Chin-Caplan, Law Office of Sylvia Chin-Caplan, Boston, MA, for petitioner. Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On November 1, 2013, Matthew Ruppert (“Petitioner”) filed a petition in the National Vaccine Injury Compensation Program (“Program”).2 Petition, ECF No. 1. Petitioner filed an amended petition on August 14, 2014, alleging that he suffered from Multiple Sclerosis (“MS”) as a result of receiving the influenza (“flu”), Hepatitis A, and Human Papillomavirus (“HPV”) vaccinations. Amended Petition (“Am. Petition) at 1, ECF No. 17. Petitioner received the HPV vaccination on March 3, 2012, and he received the HPV, Hepatitis A, and flu vaccinations on December 8, 2012. Id. On August 28, 2018, the parties filed a joint stipulation in which they stated that a decision should be entered awarding compensation to petitioner. Stipulation for Award, ECF No. 115. 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. 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. Case 1:13-vv-00869-UNJ Document 117 Filed 09/24/18 Page 2 of 9 Respondent denied that petitioner’s alleged MS, or any other injury, was caused-in-fact by his HPV, Hepatitis A, and/or flu vaccinations. Id. at ¶ 6. 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 compensation to petitioner according to the terms of the joint stipulation attached hereto as Appendix A. The joint stipulation awards:3 1) A lump sum of $205,000.00 in the form of a check payable to petitioner; and 2) An amount sufficient to purchase the annuity contract described in paragraph 10 of the Stipulation, paid to the life insurance company from which the annuity will be purchased. I find the stipulation reasonable and I adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 These amount represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 4 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-00869-UNJ Document 117 Filed 09/24/18 Page 3 of 9 Case 1:13-vv-00869-UNJ Document 117 Filed 09/24/18 Page 4 of 9 Case 1:13-vv-00869-UNJ Document 117 Filed 09/24/18 Page 5 of 9 Case 1:13-vv-00869-UNJ Document 117 Filed 09/24/18 Page 6 of 9 Case 1:13-vv-00869-UNJ Document 117 Filed 09/24/18 Page 7 of 9 Case 1:13-vv-00869-UNJ Document 117 Filed 09/24/18 Page 8 of 9 Case 1:13-vv-00869-UNJ Document 117 Filed 09/24/18 Page 9 of 9