VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00555
Package ID: USCOURTS-cofc-1_14-vv-00555
Petitioner: Jay Dubell
Filed: 2016-11-02
Decided: 2016-11-02
Vaccine: influenza
Vaccination date: 2011-10-14
Condition: neurological demyelinating injury
Outcome: compensated
Award amount USD: 285000

AI-assisted case summary:
Petitioner Jay Dubell filed a claim alleging that he suffered a neurological demyelinating injury caused by an influenza vaccine received on or about October 14, 2011. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's injury or current disabilities. The parties reached a settlement through a stipulation filed on November 2, 2016. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Jay Dubell $285,000.00 as compensation for all damages. This award was in the form of a check made payable to the petitioner. The decision was issued by Special Master Laura D. Millman on November 2, 2016.

Theory of causation field:
Petitioner alleged a neurological demyelinating injury caused by an influenza vaccine received on or about October 14, 2011. Respondent denied causation. The parties settled via stipulation filed November 2, 2016. The stipulation terms were adopted by Special Master Laura D. Millman, resulting in an award of $285,000.00 for all damages. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00555-0
Date issued/filed: 2016-11-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/02/2016) regarding 43 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:14-vv-00555-UNJ Document 47 Filed 11/28/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-555V
Filed: November 2, 2016
Not for Publication
*************************************
JAY DUBELL, *
*
Petitioner, *
Damages decision based on stipulation;
*
neurological demyelinating injury;
v. *
influenza (“flu”) vaccine
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Ronald C. Homer, Boston, MA, for petitioner.
Glenn A. MacLeod, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On November 2, 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 a
neurological demyelinating injury caused by his receipt of influenza (“flu”) vaccine on or about
October 14, 2011. Respondent denies that the flu vaccine caused petitioner a neurological
demyelinating injury or any other injury and further denies that the flu vaccine caused petitioner’s
current disabilities. Nonetheless, the parties agreed to resolve this matter informally.
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’ 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-00555-UNJ Document 47 Filed 11/28/16 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court adopts the
parties’ stipulation, attached, and awards compensation in the amount and on the terms set forth
therein. Pursuant to the stipulation, the court awards a lump sum of $285,000.00, 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 $285,000.00 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: November 2, 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.

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