VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00090
Package ID: USCOURTS-cofc-1_14-vv-00090
Petitioner: M.R.
Filed: 2014-01-30
Decided: 2015-10-20
Vaccine: influenza
Vaccination date: 2011-11-18
Condition: narcolepsy
Outcome: compensated
Award amount USD: 230000

AI-assisted case summary:
Gail Ross and Catherine McDowell, parents of M.R., a minor, filed a petition on January 30, 2014, alleging that an influenza vaccine administered on November 18, 2011, caused M.R. to develop narcolepsy. The petition stated that M.R. suffered residual effects for more than six months. Respondent denied that the vaccine caused the narcolepsy or any other injury. The parties reached a stipulation, which Special Master Christian J. Moran adopted as the decision of the Court. The stipulation awarded M.R.'s estate a lump sum of $213,045.24 for all damages and an additional $16,954.76 to Gail Ross and Catherine McDowell for past unreimbursable expenses, totaling $230,000. The case was treated as a Table claim. Petitioners were represented by Ronald Craig Homer of Conway, Homer & Chin-Caplan, P.C., and Respondent was represented by Heather Pearlman of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Judgment was to be entered according to the decision and stipulation.

Theory of causation field:
Petitioners alleged that an influenza vaccine administered on November 18, 2011, caused M.R. to develop narcolepsy, with residual effects lasting more than six months. Respondent denied causation. The case was treated as a Table claim. The parties reached a stipulation, which Special Master Christian J. Moran adopted. The stipulation awarded a total of $230,000, consisting of $213,045.24 for all damages to M.R.'s estate and $16,954.76 for past unreimbursable expenses to Gail Ross and Catherine McDowell. The public decision does not detail the specific mechanism of causation, expert testimony, or the evidence considered in the stipulation. Petitioners' counsel was Ronald Craig Homer, and Respondent's counsel was Heather Pearlman. The decision date was October 20, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00090-0
Date issued/filed: 2015-10-20
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 9/15/2015) regarding 41 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00090-UNJ Document 46 Filed 10/20/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
GAIL ROSS and CATHERINE *
MCDOWELL, parents of * No. 14-90V
M.R., a minor, * Special Master Christian J. Moran
*
Petitioner, *
*
v. * Filed: September 14, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * narcolepsy.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for
Petitioners;
Heather Pearlman, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On September 11, 2015, the parties filed a joint stipulation concerning the
petition for compensation filed by Gail Ross and Catherine McDowell on behalf of
M.R. on January 30, 2014. In the petition, petitioners alleged that the influenza
vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), and which she received on November 18, 2011, caused M.R. to suffer
narcolepsy. Petitioner further alleges that she suffered the residual effects of this
injury for more than six months. Petitioners represent that there has been no prior
award or settlement of a civil action for damages on M.R.’s behalf as a result of
M.R.’s condition.
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 parties have 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 1:14-vv-00090-UNJ Document 46 Filed 10/20/15 Page 2 of 8
Respondent denies that the influenza vaccine caused petitioner to suffer
narcolepsy or any other 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 payment of $213,045.24 in the form of a check payable to
petitioners, Gail Ross and Catherine McDowell, as
guardians/conservators of M.R.’s estate. This amount represents
compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a).
A lump sum payment of $16,954.76 payable to petitioners Gail Ross and
Catherine McDowell, which represents compensation for past
unreimbursable expenses.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 14-90V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Shannon Proctor, 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

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