VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00980
Package ID: USCOURTS-cofc-1_13-vv-00980
Petitioner: Charlene Macomber
Filed: 2013-12-12
Decided: 2015-11-19
Vaccine: influenza
Vaccination date: 2011-09-12
Condition: hypotensive episode and encephalopathy
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Charlene Macomber filed a petition on December 12, 2013, seeking compensation for injuries allegedly related to receiving an influenza vaccine on September 12, 2011. Ms. Macomber alleged that the vaccine caused her to suffer a hypotensive episode and encephalopathy, and that her symptoms persisted for more than six months. The influenza vaccine is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated the petitioner's alleged injury or any other injuries, and denied that her current disabilities were the result of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation to settle the matter. Special Master Christian J. Moran reviewed and adopted the stipulation as the decision of the Court. The stipulation provided for a lump sum payment of $75,000.00, payable to Charlene Macomber, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties also agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs. The stipulation stated that it represented a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and was not an admission by the United States or the Secretary that the vaccine caused or aggravated the alleged injury. Judgment was to be entered accordingly, unless a motion for review was filed. Petitioner was represented by David C. Richards of Christensen and Jensen, P.C., and respondent was represented by Darryl R. Wishard of the United States Department of Justice.

Theory of causation field:
Charlene Macomber received an influenza vaccine on September 12, 2011, and filed a petition on December 12, 2013, alleging it caused a hypotensive episode and encephalopathy, with symptoms lasting over six months. This case proceeded as a Table claim, as the influenza vaccine is listed on the Vaccine Injury Table. The respondent denied causation. The parties stipulated to a settlement, and Special Master Christian J. Moran adopted the stipulation as the decision of the Court. The stipulation awarded a lump sum of $75,000.00 to Charlene Macomber for all damages under 42 U.S.C. § 300aa-15(a), with further proceedings to determine attorneys' fees and costs. Petitioner was represented by David C. Richards, and respondent by Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00980-0
Date issued/filed: 2016-01-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/19/2015) regarding 46 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00980-UNJ Document 50 Filed 01/06/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
CHARLENE MACOMBER, *
* No. 13-980V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: November 19, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”)
AND HUMAN SERVICES, * vaccine; hypotensive episode and
* encephalopathy.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
David C. Richards, Christensen and Jensen, P.C., Salt Lake City, UT, for
Petitioner;
Darryl R. Wishard, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On November 18, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Charlene Macomber on December 12, 2013. In
her petition, Ms. Macomber alleged that the influenza (“flu”) vaccine, which is
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and
which she received on September 12, 2011, caused her to suffer from a
hypotensive episode and encephalopathy, and that she experienced symptoms of
the injury for more than six months. Petitioner represents that there has been no
prior award or settlement of a civil action for damages as a result of her alleged
injuries.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 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-00980-UNJ Document 50 Filed 01/06/16 Page 2 of 7
Respondent denies that the flu vaccine either caused or significantly
aggravated petitioner’s alleged injury or any other injuries, and denies that
petitioner’s current disabilities are the result of a vaccine-related injury.
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 of $75,000.00 in the form of a check payable to petitioner,
Charlene Macomber. 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 13-980V 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-00980-UNJ Document 50 Filed 01/06/16 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CHARLE E MACOMBER, )
)
Petitioner, ) No. I 3-980V ECF
)
V. ) Special Master Moran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
______Re_spo_nd_ent_. ____ )
)
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner, Charlene Macomber, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-I 0 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu'") vaccine, which is contained in the Vaccine Injury Table (the ·Table'"), 42
C.F.R. § I 00.3(a).
2. On September 12, 20 I I, petitioner received the flu vaccine.
3. The flu vaccine was administered within the United States.
4. Petitioner alleges that, as a result of receiving the flu vaccine, she suffered from a
hypotensive episode and encephalopathy, and that she experienced symptoms of the injury for
more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her alleged injuries.

Case 1:13-vv-00980-UNJ Document 50 Filed 01/06/16 Page 4 of 7
6. Respondent denies that the nu vaccine either caused or significantly aggravated
petitioner's alleged injury or any other injuries, and denies that petitioner's current disabilities
are the result of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shal I be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment 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-2 I (a)( I), the Secretary of Health and 1l uman
Services will issue the following vaccine compensation payment:
A lump sum of$75,000.00, in the form of a check payable to petitioner. This
amount represents com pen sat ion for al I damages that wou Id be available under 42
U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry of judgment 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-2 I (a)( I), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys· fees and costs incurred in proceeding
upon this petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-I 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social ecurity Act (42 U . .C . § 1396
et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:13-vv-00980-UNJ Document 50 Filed 01/06/16 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts
awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C.
§ 300aa-I 5(i), subject to the availabi Ii ty of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C.
§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims, damages, loss of 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 ational Vaccine Injury Cor pcnsation Program, 42
U.S.C. § 300aa-I 0 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 flu vaccine administered on September 12, 2011, as alleged by
petitioner in a petition for vaccine compensation filed on or about December 12, 2013, in the
United States Court of Federal Claims as petition o. 13-980V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on bchal f of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
3

Case 1:13-vv-00980-UNJ Document 50 Filed 01/06/16 Page 6 of 7
decision that is in complete conformity with the terms or this Stipulation, then the parties'
settlement and th is Sti pu lat ion shall be voidable at the sole discretion or either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act or 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
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 and/or
amount or 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 that the flu vaccine received by petitioner either caused or
significantly aggravated petitioner"s alleged injury, or any other injury or disability.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:13-vv-00980-UNJ Document 50 Filed 01/06/16 Page 7 of 7
Respectfully submitted,
PETITIONER:
~~.~
CHARLENE MACOMBER
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
Q 7~~
~WtIARDS ;S:"
257 East 200 South, Suite 1100 Deputy Director
Salt Lnke City, UT 8411 I Torts Branch
(80 I) 323-5000 Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Stution
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETA RY OF IlEALT R RESPONDENT:
AND HUMAN SERVICES:
~
[bfA. MELTSSA HOUSTON;M:b:,.P.II, PAAP DARRYL R. WISHARD
Director, Division oflnjury Senior Trial Attorney
Compensation Programs (DICP) Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Depa1tmcnt of Health and U.S. Depaitment of Justice
Human Services P.O. Box 146
5600 Fishers Lane Benjamin Frnnklin Station
Parklawn Building, Mail Stop l lC-26 Washington, DC 20044-0146
Rockville, MD 20857 (202) 616-4357
13{ (c J
Dated: / I { (
5