VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00011 Package ID: USCOURTS-cofc-1_14-vv-00011 Petitioner: Joann Keown Filed: 2017-03-08 Decided: 2017-03-08 Vaccine: influenza Vaccination date: 2011-01-20 Condition: bilateral upper extremity weakness; difficulty breathing; torso and bilateral upper extremity paresthesia; fatigue Outcome: compensated Award amount USD: 200000 AI-assisted case summary: Joann Keown filed a petition for compensation on March 8, 2017, alleging that she suffered bilateral upper extremity weakness, difficulty breathing, paresthesias of her torso and bilateral upper extremities, fatigue, and related sequelae as a result of receiving an influenza vaccine on January 20, 2011. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged injuries. The parties reached a settlement through a stipulation, which Special Master Laura D. Millman found to be reasonable. Pursuant to the stipulation, the court awarded Joann Keown a lump sum of $200,000.00, representing reimbursement for all damages available under the National Vaccine Injury Compensation Program. The award was to be paid in the form of a check to Ms. Keown. The decision directed the clerk of the court to enter judgment accordingly. Petitioner was represented by Ramon Rodriguez III, and respondent was represented by Ryan D. Pyles. Theory of causation field: Petitioner Joann Keown alleged that an influenza vaccine administered on January 20, 2011, caused bilateral upper extremity weakness, difficulty breathing, torso and bilateral upper extremity paresthesia, and fatigue. Respondent denied causation. The parties reached a stipulation to resolve the matter, and Special Master Laura D. Millman found the stipulation reasonable. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. The case resulted in a compensated outcome with a lump sum award of $200,000.00, representing all damages available under the program. Petitioner's counsel was Ramon Rodriguez III, and respondent's counsel was Ryan D. Pyles. The decision was issued on March 8, 2017. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00011-0 Date issued/filed: 2017-04-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/08/2017) regarding 48 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00011-UNJ Document 49 Filed 04/03/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-11V Filed: March 8, 2017 Not for Publication ************************************* JOANN KEOWN, * * Petitioner, * Damages decision based on * stipulation; influenza (“flu”) vaccine; v. * bilateral upper extremity weakness; * difficulty breathing; torso and bilateral SECRETARY OF HEALTH * upper extremity paresthesia; fatigue AND HUMAN SERVICES, * * Respondent. * * ************************************* Ramon Rodriguez III, Richmond, VA, for petitioner. Ryan D. Pyles, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On March 8, 2017, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered bilateral upper extremity weakness, difficulty breathing, paresthesias of her torso and bilateral upper extremities, fatigue, and related sequelae as a result of her receipt of influenza (“flu”) vaccine on January 20, 2011. Respondent denies that the flu vaccine caused petitioner’s alleged injury or any other injury. Nonetheless, the parties agreed to resolve this matter informally. The undersigned finds the terms of the stipulation to be reasonable. The court adopts the parties’ stipulation, attached, and awards compensation in the amount and on the terms set forth in 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:14-vv-00011-UNJ Document 49 Filed 04/03/17 Page 2 of 7 the stipulation. Pursuant to the stipulation, the court awards a lump sum of $200,000.00, representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check payable to petitioner in the amount of $200,000.00. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: March 8, 2017 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:14-vv-00011-UNJ Document 49 Filed 04/03/17 Page 3 of 7 Case 1:14-vv-00011-UNJ Document 49 Filed 04/03/17 Page 4 of 7 Case 1:14-vv-00011-UNJ Document 49 Filed 04/03/17 Page 5 of 7 Case 1:14-vv-00011-UNJ Document 49 Filed 04/03/17 Page 6 of 7 Case 1:14-vv-00011-UNJ Document 49 Filed 04/03/17 Page 7 of 7