VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00289
Package ID: USCOURTS-cofc-1_14-vv-00289
Petitioner: Sarah Dearing
Filed: 2016-03-11
Decided: 2016-05-25
Vaccine: influenza
Vaccination date: 2014-04-11
Condition: paresthesias, small fiber neuropathy, neuropathy
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Petitioner Sarah Dearing filed a petition on March 11, 2016, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered paresthesias, small fiber neuropathy, neuropathy, and related complications as a result of receiving an influenza vaccine on April 11, 2014. The respondent denied that the vaccine caused Petitioner's medical problems. However, both parties agreed to settle the case through a stipulation filed on March 4, 2016, while maintaining their respective positions. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case. The stipulation awarded Sarah Dearing a lump sum of $135,000.00, payable to Petitioner, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was entered on May 25, 2016. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Danielle Anne Strait of Maglio Christopher and Toale, PA, and Respondent was represented by Julia McInerny of the U.S. Dep’t of Justice.

Theory of causation field:
Petitioner Sarah Dearing alleged that she suffered paresthesias, small fiber neuropathy, and related complications as a result of receiving an influenza vaccine on April 11, 2014. Respondent denied causation. The parties reached a settlement via stipulation filed March 4, 2016, agreeing to an award of $135,000.00 for all damages. Special Master Brian H. Corcoran approved the stipulation on May 25, 2016. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00289-0
Date issued/filed: 2016-05-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/11/2016) Regarding 38 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:14-vv-00289-UNJ Document 44 Filed 05/25/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-289V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
SARAH DEARING, *
*
Petitioner, * Filed: March 11, 2016
*
v. * Decision by Stipulation; Damages;
* Influenza (“flu”) vaccine;
* Paresthesias; Small Fiber
SECRETARY OF HEALTH AND * Neuropathy.
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Anne Strait, Maglio Christopher and Toale, PA, Washington, DC for Petitioner.
Julia McInerny, U.S. Dep’t of Justice, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On April 11, 2014, Petitioner Sarah Dearing filed a petition seeking compensation under
the National Vaccine Injury Compensation Program.2 Petitioner alleges that she suffered
paresthesias, small fiber neuropathy, neuropathy, and related complications as a result of receiving
the influenza (“flu”) vaccine.
Respondent denies that Petitioner’s medical problems were caused by the receipt of the flu
vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed in a
1 Because this decision contains a reasoned explanation for my action in this case, I will 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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42
U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of
confidential information. Specifically, under 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). Otherwise, the whole decision will be
available to the public. (Id.)
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. 3758, codified as amended, 42 U.S.C.A. ' 300aa-10 to ' 300aa-34 (2012).

Case 1:14-vv-00289-UNJ Document 44 Filed 05/25/16 Page 2 of 7
stipulation filed March 4, 2016, that the issues before them can be settled and that a decision should
be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
A lump sum of $135,000.00, in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their
right to seek review.
2

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