VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00246
Package ID: USCOURTS-cofc-1_14-vv-00246
Petitioner: Joaquim Pereira
Filed: 2014-03-31
Decided: 2018-02-08
Vaccine: influenza
Vaccination date: 2011-10-04
Condition: Acute Hemorrhagic Leukoencephalitis (“AHL”)
Outcome: compensated
Award amount USD: 800459

AI-assisted case summary:
Joaquim Pereira filed a petition for compensation on March 31, 2014, alleging that an influenza vaccination received on October 4, 2011, caused him to suffer from Acute Hemorrhagic Leukoencephalitis (AHL) and residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's condition. On February 8, 2018, the parties filed a stipulation for an award, which Special Master Herbrina Sanders found reasonable and adopted as the decision of the Court. Petitioner was awarded a lump sum of $584,459.78, representing compensation for first-year life care expenses ($60,501.81), lost earnings ($308,957.97), and pain and suffering ($215,000.00). Additionally, an amount sufficient to purchase an annuity contract was awarded. The total award amounted to $800,459.78. The public decision does not describe the onset of symptoms, specific clinical details, or expert testimony. Petitioner was represented by Ronald C. Homer of Conway, Homer, P.C., and Respondent was represented by Althea Davis of the United States Department of Justice.

Theory of causation field:
Petitioner Joaquim Pereira alleged that an influenza vaccine administered on October 4, 2011, caused Acute Hemorrhagic Leukoencephalitis (AHL) and residual effects lasting more than six months. The Respondent denied causation. The parties reached a stipulation for award, approved by Special Master Herbrina Sanders on February 8, 2018. The stipulation awarded Petitioner a lump sum of $584,459.78 for life care expenses, lost earnings, and pain and suffering, plus an amount for an annuity, totaling $800,459.78. The public text does not specify the theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The case was resolved via stipulation, not litigation on the merits of causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00246-0
Date issued/filed: 2018-03-05
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 02/08/2018) regarding 84 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (kl) Service on parties made.
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Case 1:14-vv-00246-UNJ Document 85 Filed 03/05/18 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 8, 2018
* * * * * * * * * * * * *
JOAQUIM PEREIRA, *
*
Petitioner, *
* No. 14-246V
v. * Special Master Sanders
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Acute Hemorrhagic
* Leukoencephalitis (“AHL”); Annuity
Respondent. *
*
* * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Althea Davis, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On March 31, 2014, Joaquim Pereira (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012). Petitioner alleged that, as a result of an influenza vaccination he received on October 4,
2011, he suffered from Acute Hemorrhagic Leukoencephalitis (“AHL”). See Stip. at ¶¶ 1-4, ECF
No. 83. Petitioner further alleged that he suffered residual effects of the condition for more than
six months. Id. at ¶ 4.
On February 8, 2018, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation to Petitioner. Stip. at ¶ 7, ECF No. 83. Respondent denies that
the influenza vaccine caused Petitioner to suffer from AHL, any other injury, or his current
condition. 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.
1 This decision shall be posted 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)). In accordance with Vaccine Rule
18(b), a party has 14 days to identify and move to delete medical or other information that satisfies
the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that
the identified material fits within the requirements of that provision, such material will be deleted
from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.

Case 1:14-vv-00246-UNJ Document 85 Filed 03/05/18 Page 2 of 9
The parties stipulate that Petitioner shall receive the following compensation:
(a) A lump sum of $584,459.78, which amount represents compensation for first year life
care expenses ($60,501.81), lost earnings ($308,957.97), and pain and suffering
($215,000.00), in the form of a check payable to [P]etitioner; and
(b) An amount sufficient to purchase the annuity contract described in paragraph 10 [of
Appendix A], paid to the life insurance company from which the annuity will be
purchased (the “Life Insurance Company”).
Id. at ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
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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