VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00244
Package ID: USCOURTS-cofc-1_14-vv-00244
Petitioner: Brian Lauer
Filed: 2014-11-30
Decided: 2015-12-28
Vaccine: influenza
Vaccination date: 2012-10-14
Condition: peripheral neuropathy
Outcome: compensated
Award amount USD: 700000

AI-assisted case summary:
Brian Lauer filed a petition on November 30, 2015, alleging that he suffered peripheral neuropathy as a result of receiving an influenza vaccine on October 14, 2012. He further alleged that he experienced residual effects of his injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's peripheral neuropathy or any other injury. Despite this denial, the parties filed a joint stipulation for damages on November 25, 2015. The Special Master, Thomas L. Gowen, found the stipulation reasonable and adopted it as the decision of the Court. Brian Lauer was awarded a lump sum of $700,000.00 in compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was posted on the website of the United States Court of Federal Claims in accordance with the E-Government Act of 2002. Petitioner's counsel was Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and respondent's counsel was Jennifer L. Reynaud of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Brian Lauer alleged that he suffered peripheral neuropathy as a result of receiving an influenza vaccine on October 14, 2012, and experienced residual effects for more than six months. The respondent denied causation. The parties reached a joint stipulation for damages, which was approved by Special Master Thomas L. Gowen. The stipulation resulted in an award of $700,000.00. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony presented. The case was resolved via stipulation, and the specific details of the medical evidence or legal arguments regarding causation are not detailed in the provided text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00244-0
Date issued/filed: 2015-12-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/30/2015) regarding 28 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00244-UNJ Document 32 Filed 12/28/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-244V
Filed: November 30, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
BRIAN LAUER, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Peripheral Neuropathy.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Jennifer L. Reynaud, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On March 31, 2014, Brian Lauer (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged
that as a result of receiving an influenza (“flu”) vaccine on October 14, 2012, he suffered peripheral
neuropathy. Stipulation for Award ¶ 2, 4, docket no. 27, filed Nov. 25, 2015. Further, petitioner
alleged that he experienced residual effects of his injury for more than six months. Id. at ¶ 4.
On November 25, 2015, the parties filed a stipulation in which they state that a decision
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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 (2012)). As provided by Vaccine Rule
18(b), each party has 14 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).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00244-UNJ Document 32 Filed 12/28/15 Page 2 of 7
should be entered awarding compensation. Respondent denies that the flu vaccination caused
petitioner’s peripheral neuropathy or any other injury. Id. at ¶ 6. Nevertheless, the parties agree
to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth
therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $700,000.00, in the form of a check payable to petitioner, Brian Lauer.
This amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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