VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00998 Package ID: USCOURTS-cofc-1_13-vv-00998 Petitioner: Michael Anderson Filed: 2013-12-17 Decided: 2014-09-04 Vaccine: influenza Vaccination date: 2011-12-08 Condition: peripheral neuropathy Outcome: compensated Award amount USD: 115000 AI-assisted case summary: Michael Anderson filed a petition for compensation under the National Vaccine Injury Compensation Program on December 17, 2013. Mr. Anderson alleged that he suffered peripheral neuropathy caused by the influenza vaccine he received on December 8, 2011, and that he experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Anderson's neuropathy or any other injury. Despite the respondent's denial, the parties reached a settlement agreement. The terms of the settlement stipulated that the respondent would pay Mr. Anderson a lump sum of $115,000.00, payable to Michael Anderson, as compensation for all damages available under the program. Special Master Thomas L. Gowen adopted the parties' stipulation and awarded the compensation. The decision on the joint stipulation was issued on September 4, 2014. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Ronald C. Homer, Esq., represented the petitioner, and Ryan Pyles, Esq., represented the respondent. Theory of causation field: Petitioner Michael Anderson alleged that he suffered peripheral neuropathy caused by the influenza vaccine administered on December 8, 2011, with residual effects lasting more than six months. Respondent denied causation. The parties reached a settlement, and Special Master Thomas L. Gowen adopted their joint stipulation on September 4, 2014. The settlement awarded a lump sum of $115,000.00 to the petitioner. The theory of causation was presented as "Off-Table" in the provided data. The public decision does not detail the specific medical mechanism, expert testimony, or evidence considered beyond the stipulation. Petitioner was represented by Ronald C. Homer, Esq., and respondent by Ryan Pyles, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00998-0 Date issued/filed: 2014-09-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/7/2014) regarding 17 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00998-UNJ Document 21 Filed 09/04/14 Page 1 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 13-0998V Filed: August 7, 2014 (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * MICHAEL ANDERSON, * * Petitioner, * Stipulation; Flu vaccine; peripheral v. * neuropathy * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald, C. Homer, Esq., Conway, Homer & Chin-Caplan, P.C., Boston, MA for petitioner. Ryan Pyles, Esq., U.S. Dept. of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Gowen, Special Master: Michael Anderson [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on December 17, 2013. Petitioner alleges that he suffered peripheral neuropathy that was caused in fact by the flu vaccine he received on December 8, 2011. See Stipulation, filed August 7, 2014, at ¶¶ 2, 4. Further, petitioner alleges that he experienced residual effects of his injury for more than six months. Id. at ¶ 4. Respondent denies that the flu vaccine is the cause of petitioner’s neuropathy and/or any other injury. Id. at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). Case 1:13-vv-00998-UNJ Document 21 Filed 09/04/14 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On August 7, 2014, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner: (a) A lump sum of $115,000.00 in the form of a check payable to petitioner, Michael Anderson. This amount represents compensation for all damages that would be available under § 300aa-15(a). The special master adopts the parties’ stipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. Case 1:13-vv-00998-UNJ Document 21 Filed 09/04/14 Page 3 of 7 Case 1:13-vv-00998-UNJ Document 21 Filed 09/04/14 Page 4 of 7 Case 1:13-vv-00998-UNJ Document 21 Filed 09/04/14 Page 5 of 7 Case 1:13-vv-00998-UNJ Document 21 Filed 09/04/14 Page 6 of 7 Case 1:13-vv-00998-UNJ Document 21 Filed 09/04/14 Page 7 of 7