VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00079
Package ID: USCOURTS-cofc-1_14-vv-00079
Petitioner: DAVID SUMMER, Successor in Interest To DONNA SUMMER
Filed: 2016-09-15
Decided: 2016-11-02
Vaccine: influenza
Vaccination date: 2013-10-16
Condition: central and autonomic nervous system impairment
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
On January 28, 2014, Donna Summer filed a petition with the National Vaccine Injury Compensation Program, alleging that she suffered a central and autonomic nervous system impairment as a result of receiving an influenza vaccine on October 16, 2013. Petitioner further alleged that Mrs. Summer experienced residual effects from this condition for more than six months. Mrs. Summer died in a car accident in May 2016. Her husband, David Summer, subsequently entered the case as successor in interest and amended the petition. The Respondent denied that the influenza vaccine caused Mrs. Summer's alleged condition. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on September 12, 2016. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision. The stipulation awarded Petitioner, as the legal representative of the Estate of Donna Summer, a lump sum of $20,000.00 for all damages. The decision was issued on November 2, 2016. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante, PLLC, and Respondent was represented by Michael Patrick Milmoe of the U.S. Department of Justice.

Theory of causation field:
Donna Summer received an influenza vaccine on October 16, 2013. She allegedly suffered a central and autonomic nervous system impairment with residual effects for more than six months. The Respondent denied causation. The parties reached a settlement via stipulation filed September 12, 2016, and a decision was issued by Special Master Brian H. Corcoran on November 2, 2016, awarding Petitioner, as successor in interest to Donna Summer's estate, $20,000.00 in a lump sum for all damages. The specific theory of causation, medical experts, and mechanism of injury were not detailed in the public decision, which was resolved by stipulation. Petitioner's counsel was Andrew Donald Downing, and Respondent's counsel was Michael Patrick Milmoe.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00079-0
Date issued/filed: 2016-11-02
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 09/15/2016) Regarding 63 DECISION - Stipulation. (Signed by Special Master Brian H Corcoran.) (ed) Copy to parties.
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Case 1:14-vv-00079-UNJ Document 67 Filed 11/02/16 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-079V
* * * * * * * * * * * * * * * * * * * * * * * * *
* Special Master Corcoran
DAVID SUMMER, Successor in Interest *
To DONNA SUMMER; *
*
Petitioner, * Filed: September 15, 2016
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Influenza (“flu”) Vaccine; Central
AND HUMAN SERVICES, * and Autonomic Nervous System.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner.
Michael Patrick Milmoe, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 28, 2014, Donna Summer filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“Vaccine Program”).2 That May, Mrs. Summer
died in a car accident but David Summer (Mrs. Summer’s husband) amended the petition and
enters the case as successor in interest to Mrs. Summer. Petitioner alleges that Mrs. Summer
suffered from a central and autonomic nervous system impairment as a result of her October 16,
1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States
Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain
kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole decision will
be available to the public. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:14-vv-00079-UNJ Document 67 Filed 11/02/16 Page 2 of 8
2013, receipt of the influenza (“flu”) vaccine. Moreover, Petitioner alleges that Mrs. Summer
experienced residual effects of this injury for more than six months.
Respondent denies that the flu vaccine caused Mrs. Summer to suffer from a central and
autonomic nervous system impairment or any other injury or condition. Nonetheless both parties,
while maintaining their above-stated positions, agreed in a stipulation (filed on September 12,
2016) that the issues before them could be settled, and that a decision should be entered awarding
Petitioner, as legal representative of the Estate of Donna Summer, compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
 A lump sum of $20,000.00 in the form of a check payable to Petitioner, as legal
representative of the Estate of Donna Summer.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner, as legal representative of the Estate of Donna Summer. 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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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