VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00426 Package ID: USCOURTS-cofc-1_14-vv-00426 Petitioner: Chun-Xiang Mao Filed: 2016-02-12 Decided: 2016-02-12 Vaccine: influenza Vaccination date: 2011-06-14 Condition: meningoencephalitis Outcome: compensated Award amount USD: 192500 AI-assisted case summary: Chun-Xiang Mao filed a petition on February 12, 2016, alleging that he suffered from meningoencephalitis caused by multiple vaccines, including influenza, hepatitis B, human papillomavirus, meningococcal, measles-mumps-rubella, tetanus-diphtheria-acellular pertussis, and varicella, administered on or about June 14, 2011. He further alleged that the residual effects of this injury persisted for more than six months. The respondent denied that the vaccines caused the alleged meningoencephalitis or any other injury. Despite the respondent's denial, the parties reached a stipulation to resolve the matter. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Chun-Xiang Mao $192,500.00 as compensation for all damages. The decision was issued on February 12, 2016. Petitioner's counsel was Alfonso L. Melendez, and respondent's counsel was Amy P. Kokot. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. The specific mechanism of causation is also not detailed in the public decision. Theory of causation field: Petitioner Chun-Xiang Mao alleged that meningoencephalitis was caused by influenza, hepatitis B, human papillomavirus, meningococcal, measles-mumps-rubella, tetanus-diphtheria-acellular pertussis, and varicella vaccines received on or about June 14, 2011, with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding $192,500.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision date was February 12, 2016. Petitioner's counsel was Alfonso L. Melendez, and respondent's counsel was Amy P. Kokot. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00426-0 Date issued/filed: 2016-03-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/12/2016) regarding 41 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00426-UNJ Document 44 Filed 03/07/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-426V Filed: February 12, 2016 Not for Publication ************************************* CHUN-XIANG MAO, * * Damages decision based on stipulation; Petitioner, * influenza vaccine; hepatitis B vaccine; * human papillomavirus vaccine; v. * meningococcal vaccine; measles-mumps- * rubella vaccine; tetanus-diphtheria-acellular SECRETARY OF HEALTH * pertussis vaccine; varicella vaccine; AND HUMAN SERVICES, * meningoencephalitis * Respondent. * * ************************************* Alfonso L. Melendez, El Paso, TX, for petitioner. Amy P. Kokot, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On February 12, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from meningoencephalitis that was caused by his receipt of the influenza, hepatitis B, human papillomavirus, meningococcal, measles-mumps-rubella, tetanus-diphtheria-acellular pertussis, and varicella vaccines on or about June 14, 2011. He further alleges that he experienced the residual effects of this injury for more than six months. Respondent denies that the influenza, hepatitis B, human papillomavirus, meningococcal, measles-mumps-rubella, tetanus-diphtheria- acellular pertussis, or varicella vaccines caused petitioner to suffer meningoencephalitis or any other injury or his current condition and that he experienced the residual effects of this injury for 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:14-vv-00426-UNJ Document 44 Filed 03/07/16 Page 2 of 7 more than six months. Nonetheless, the parties agreed to resolve this matter informally. The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $192,500.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check for $192,500.00 made payable 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.2 IT IS SO ORDERED. Dated: February 12, 2016 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:14-vv-00426-UNJ Document 44 Filed 03/07/16 Page 3 of 7 Case 1:14-vv-00426-UNJ Document 44 Filed 03/07/16 Page 4 of 7 Case 1:14-vv-00426-UNJ Document 44 Filed 03/07/16 Page 5 of 7 Case 1:14-vv-00426-UNJ Document 44 Filed 03/07/16 Page 6 of 7 Case 1:14-vv-00426-UNJ Document 44 Filed 03/07/16 Page 7 of 7