VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00273
Package ID: USCOURTS-cofc-1_14-vv-00273
Petitioner: Vijay Divaker
Filed: 2014-04-09
Decided: 2015-04-06
Vaccine: flu
Vaccination date: 2013-10-15
Condition: peripheral neuropathy
Outcome: compensated
Award amount USD: 163133

AI-assisted case summary:
Vijay Divaker filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from peripheral neuropathy caused by a flu vaccination he received on October 15, 2013. He also alleged that he experienced residual effects of his injuries for more than six months. Respondent denied that the flu vaccine caused petitioner’s alleged peripheral neuropathy or any other injury. Despite the denial, the parties reached a settlement agreement. Respondent agreed to pay Vijay Divaker a lump sum of $142,500.00 for all damages and an additional lump sum of $20,633.01 for attorneys’ fees and costs. The Special Master adopted the parties’ stipulation and awarded compensation in the agreed-upon amounts. The case was settled as an off-Table claim, meaning petitioner had to prove causation-in-fact, but the specific evidence presented and the basis for settlement were not detailed in this decision.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00273-0
Date issued/filed: 2015-04-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/16/2015) regarding 23 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00273-UNJ Document 28 Filed 04/06/15 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-273V
Filed: March 16, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
VIJAY DIVAKAR, *
*
Petitioner, * Stipulation; Flu Vaccine;
v. * Peripheral Neuropathy;
* Attorneys’ Fees & Costs
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Esq., Van Cott & Talamante, PLLC, Phoenix, AZ for petitioner.
Claudia Ganghi, Esq., U.S. Dep’t. of Justice, Washington, DC for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Vijay Divaker [“petitioner”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on April 9, 2014. Petitioner alleges that he
suffered from peripheral neuropathy that was caused in fact by a flu vaccination he
received on October 15, 2013. See Stipulation, filed March 13, 2015, at ¶¶ 2, 4.
Further, petitioner alleges that he experienced residual effects of his injuries for more
than six months. Stipulation at ¶ 4. Respondent denies that the petitioner’s flu vaccine
caused petitioner’s alleged peripheral neuropathy, any other injury, or his current
disability. Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, 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 (2006)). 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 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00273-UNJ Document 28 Filed 04/06/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On March 13, 2015,
the parties filed a joint stipulation agreeing to settle this case and describing the
settlement terms.
Respondent agrees to pay petitioner:
a. A lump sum of $142,500.00 in the form of a check payable to petitioner,
Vijay Divaker. This amount represents compensation for all damages that
would be available under § 300aa-15(a); and
b. A lump sum of $20,633.01 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Andrew D. Downing Esq., for
attorneys’ fees and costs available under § 300aa-15(e); and, in
compliance with General Order #9, no out-of-pocket expenses were incurred
by petitioner in proceeding on the petition.
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

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