VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00116 Package ID: USCOURTS-cofc-1_14-vv-00116 Petitioner: William Wick Filed: 2014-02-07 Decided: 2015-03-09 Vaccine: influenza Vaccination date: 2012-12-11 Condition: hearing loss Outcome: compensated Award amount USD: 7500 AI-assisted case summary: William Wick filed a petition on February 7, 2014, alleging that the influenza vaccine he received on or about December 11, 2012, caused him to develop hearing loss. Mr. Wick stated that the residual effects of the injury lasted for more than six months and that he had not received any prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Wick's hearing loss or any other injury. Despite the respondent's denial, the parties reached a joint stipulation, which Special Master Christian J. Moran found reasonable and adopted as the court's decision. The stipulation awarded Mr. Wick a lump sum of $7,500.00 as compensation for all damages. The case proceeded as a Table claim, as the influenza vaccine is listed on the Vaccine Injury Table. The decision was filed on March 9, 2015, and judgment was to be entered accordingly. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Lawrence Disparti of Disparti Law Group, PA, and respondent counsel was Lara Englund of the U.S. Department of Justice. Theory of causation field: Petitioner William Wick alleged that the influenza vaccine received on or about December 11, 2012, caused him to develop hearing loss, with residual effects lasting more than six months. The case proceeded as a Table claim, as the influenza vaccine is listed on the Vaccine Injury Table. The respondent denied causation. The parties reached a joint stipulation, which Special Master Christian J. Moran adopted as the court's decision, awarding a lump sum of $7,500.00 for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Petitioner was represented by Lawrence Disparti, and respondent by Lara Englund. The decision date was March 9, 2015. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00116-0 Date issued/filed: 2015-03-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/09/2015) regarding 23 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00116-UNJ Document 24 Filed 03/09/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * WILLIAM WICK, * No. 14-116V * Special Master Christian J. Moran Petitioner, * v. * Filed: February 9, 2015 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * hearing loss. * Respondent. * * * * * * * * * * * * * * * * * * * * * Lawrence Disparti, Disparti Law Group, PA, Holiday, FL, for Petitioner; Lara Englund, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On February 6, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by William Wick on February 7, 2014. In his petition, Mr. Wick 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 he received on or about December 11, 2012, caused him to develop hearing loss. Petitioner further alleges that he experienced the residual effects of this 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 his condition. Respondent denies that the flu vaccine is the cause of petitioner’s hearing loss or any other injury or his current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as 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 1:14-vv-00116-UNJ Document 24 Filed 03/09/15 Page 2 of 7 the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum of $7,500.00 in the form of a check payable to petitioner, William Wick. 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 14-116V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6353. 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 CCaassee 11::1144--vvvv--0000111166--UUNNJJ DDooccuummeenntt 2224 FFiilleedd 0023//0069//1155 PPaaggee 13 ooff 57 CCaassee 11::1144--vvvv--0000111166--UUNNJJ DDooccuummeenntt 2224 FFiilleedd 0023//0069//1155 PPaaggee 24 ooff 57 CCaassee 11::1144--vvvv--0000111166--UUNNJJ DDooccuummeenntt 2224 FFiilleedd 0023//0069//1155 PPaaggee 35 ooff 57 CCaassee 11::1144--vvvv--0000111166--UUNNJJ DDooccuummeenntt 2224 FFiilleedd 0023//0069//1155 PPaaggee 46 ooff 57 CCaassee 11::1144--vvvv--0000111166--UUNNJJ DDooccuummeenntt 2224 FFiilleedd 0023//0069//1155 PPaaggee 57 ooff 57