VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00545 Package ID: USCOURTS-cofc-1_14-vv-00545 Petitioner: M.P.W. Filed: 2014-06-25 Decided: 2016-06-20 Vaccine: Influenza Vaccination date: 2011-10-04 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 300000 AI-assisted case summary: On June 25, 2014, Brenda and Michael Wieckhorst filed a petition on behalf of their minor child, M.P.W., alleging that an Influenza vaccine administered on October 4, 2011, caused M.P.W. to develop chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury. Despite this denial, the parties reached a joint stipulation for damages, which Special Master Lisa Hamilton-Fieldman adopted as the court's decision. Under the stipulation, M.P.W. was awarded a total of $300,000.00. This amount included a lump sum of $270,000.00 for general damages and $30,000.00 for past unreimbursable expenses. Both parties agreed to the stipulation and waived their right to seek review, allowing for expedited judgment. Petitioner counsel was Danielle A. Strait of Maglio, Christopher, & Toale, P.A., and respondent counsel was Ryan D. Pyles of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioners alleged that the Influenza vaccine administered on October 4, 2011, caused M.P.W. to develop chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties entered into a joint stipulation for damages, awarding M.P.W. $270,000.00 in general damages and $30,000.00 for past unreimbursable expenses, for a total of $300,000.00. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the court on June 20, 2016. The public text does not specify the theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused CIDP. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00545-0 Date issued/filed: 2016-07-12 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 6/20/2016) regarding 49 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (Attachments: #1 Appendix A)(pn) Copy to parties. Modified on 7/11/2019 to include the attachment(s) in the main document for posting to the courts website (da). -------------------------------------------------------------------------------- Case 1:14-vv-00545-UNJ Document 52 Filed 07/12/16 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-545V Filed: June 20, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED BRENDA WIECKHORST and MICHAEL, * WIECKHORST, on behalf of M.P.W., a * Special Master Hamilton-Fieldman minor child, * * Petitioner, * * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Chronic Inflammatory SECRETARY OF HEALTH * Demyelinating Polyneuropathy AND HUMAN SERVICES, * (“CIDP”). * Respondent. * * * * * * * * * * * * * * * * * Danielle A. Strait, Maglio, Christopher, & Toale, P.A., Washington, D.C., for Petitioners. Ryan D. Pyles, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On June 25, 2014, Brenda and Michael Wieckhorst (“Petitioners”) filed a petition on behalf of their minor child, M.P.W., pursuant to the National Vaccine Injury Compensation Program.2 Petitioners alleged that the administration of the Influenza (“Flu”) vaccine, on 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 purposes espoused in the E-Government Act of 2002. See 44 U.S.C. § 3501 (2012). 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, 42 U.S.C. §§ 300aa-1 to -34 (2012). 1 Case 1:14-vv-00545-UNJ Document 52 Filed 07/12/16 Page 2 of 8 October 4, 2011, caused M.P.W. to develop chronic inflammatory demyelinating polyneuropathy (“CIDP”). On June 20, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the Flu vaccine is the cause of M.P.W.’s alleged CIDP or any other injury. 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) A lump sum of $270,000.00, in the form of a check payable to [P]etitioners, on behalf of M.P.W.; and (b) A lump sum payment of $30,000.00 for past unreimbursable [sic] expenses in the form of a check payable to [P]etitioners. This amount and the amount described in paragraph . . . (a) above together represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation for Award at 2, ECF No. 48. The undersigned approves the requested amount for Petitioners’ 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 the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master 3 Entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. Vaccine Rule 11(a). 2 CCaassee 11::1144--vvvv--0000554455--UUNNJJ DDooccuummeenntt 4582 FFiilleedd 0067//2102//1166 PPaaggee 13 ooff 68 CCaassee 11::1144--vvvv--0000554455--UUNNJJ DDooccuummeenntt 4582 FFiilleedd 0067//2102//1166 PPaaggee 24 ooff 68 CCaassee 11::1144--vvvv--0000554455--UUNNJJ DDooccuummeenntt 4582 FFiilleedd 0067//2102//1166 PPaaggee 35 ooff 68 CCaassee 11::1144--vvvv--0000554455--UUNNJJ DDooccuummeenntt 4582 FFiilleedd 0067//2102//1166 PPaaggee 46 ooff 68 CCaassee 11::1144--vvvv--0000554455--UUNNJJ DDooccuummeenntt 4582 FFiilleedd 0067//2102//1166 PPaaggee 57 ooff 68 CCaassee 11::1144--vvvv--0000554455--UUNNJJ DDooccuummeenntt 4582 FFiilleedd 0067//2102//1166 PPaaggee 68 ooff 68