VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00606 Package ID: USCOURTS-cofc-1_14-vv-00606 Petitioner: K.H. Filed: 2014-12-01 Decided: 2015-01-12 Vaccine: influenza Vaccination date: 2011-10-04 Condition: limbic encephalitis Outcome: compensated Award amount USD: 152630 AI-assisted case summary: Leslie Hao, on behalf of her minor child K.H., filed a petition on December 1, 2014, alleging that K.H. developed limbic encephalitis and related sequelae as a result of receiving an influenza vaccine on October 4, 2011. The petition further alleged that K.H. experienced residual effects of the injury for more than six months. The respondent denied that the flu vaccination caused K.H.'s alleged medical condition or any other injury. Nevertheless, the parties filed a joint stipulation agreeing to an award of compensation. Special Master Thomas L. Gowen approved the stipulation, awarding K.H. a lump sum of $150,000.00 for all damages and an additional $2,630.29 for reasonable and necessary expenses paid by the petitioner. The decision was entered based on this stipulation, with judgment expedited by the parties renouncing the right to seek review. Petitioner counsel was Ronald C. Homer, and respondent counsel was Darryl R. Wishard. Theory of causation field: Petitioner alleged that K.H. developed limbic encephalitis and related sequelae after receiving an influenza vaccine on October 4, 2011, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Special Master Thomas L. Gowen on January 12, 2015. The award consisted of a lump sum of $150,000.00 for all damages and $2,630.29 for reasonable and necessary expenses. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Petitioner counsel was Ronald C. Homer, and respondent counsel was Darryl R. Wishard. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00606-0 Date issued/filed: 2015-01-12 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 12/01/2014) regarding 15 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00606-UNJ Document 20 Filed 01/12/15 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-606V Filed: December 1, 2014 * * * * * * * * * * * * * * * * UNPUBLISHED LESLIE HAO, parent of K.H., a minor * * Special Master Gowen Petitioner, * * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Limbic Encephalitis SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On July 14, 2014, Leslie Hao (“petitioner”) filed a petition on behalf of her minor child K.H. pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that, as a result of receiving an influenza (“flu”) vaccine on October 4, 2011, K.H. developed limbic encephalitis and its related sequelae. Stipulation ¶ 2, 4, filed Dec. 1, 2014. Further, petitioner alleged that K.H. experienced residual effects of the injury for more than six months. Id. at ¶ 4. 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 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)). As provided by 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). 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. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:14-vv-00606-UNJ Document 20 Filed 01/12/15 Page 2 of 8 On December 1, 2014, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccination caused K.H.’s alleged medical condition, any of her ongoing symptoms, or any other injury. Id. at ¶ 6. 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 lump sum of $150,000.00, in the form of a check payable to petitioner, Leslie Hao, as guardian of K.H.’s estate; and A lump sum of $2,630.29, in the form of a check payable to petitioner, as compensation for the reasonable and necessary expenses paid by her on behalf of K.H. for her alleged vaccine related injury. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:14-vv-00606-UNJ Document 20 Filed 01/12/15 Page 3 of 8 Case 1:14-vv-00606-UNJ Document 20 Filed 01/12/15 Page 4 of 8 Case 1:14-vv-00606-UNJ Document 20 Filed 01/12/15 Page 5 of 8 Case 1:14-vv-00606-UNJ Document 20 Filed 01/12/15 Page 6 of 8 Case 1:14-vv-00606-UNJ Document 20 Filed 01/12/15 Page 7 of 8 Case 1:14-vv-00606-UNJ Document 20 Filed 01/12/15 Page 8 of 8