VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00828
Package ID: USCOURTS-cofc-1_14-vv-00828
Petitioner: Gary Fazenbaker
Filed: 2014-09-08
Decided: 2016-05-12
Vaccine: influenza
Vaccination date: 2011-10-05
Condition: cellulitis and significantly aggravated his multiple sclerosis
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Gary Fazenbaker filed a petition on September 8, 2014, alleging that an influenza vaccine administered on October 5, 2011, caused him to develop cellulitis and significantly aggravated his pre-existing multiple sclerosis (MS). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused these conditions or any other injury. Despite this denial, the parties reached a joint stipulation for damages. The stipulation stated that Fazenbaker would receive a lump sum of $15,000.00 as compensation for all damages available under the National Vaccine Injury Compensation Program. Special Master Lisa Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Judgment was entered in accordance with the terms of the stipulation, with both parties waiving their right to seek review. Petitioner counsel was Ronald Homer, and respondent counsel was Adriana Teitel. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Gary Fazenbaker alleged that an influenza vaccine administered on October 5, 2011, caused cellulitis and significantly aggravated his multiple sclerosis (MS). The respondent denied causation. The parties reached a joint stipulation for damages, agreeing to an award of $15,000.00. Special Master Lisa Hamilton-Fieldman approved the stipulation. The theory of causation was considered "Off-Table." The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the alleged injuries or aggravation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00828-0
Date issued/filed: 2016-06-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/12/2016) regarding 36 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00828-UNJ Document 40 Filed 06/13/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-828V
Filed: May 12, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
GARY FAZENBAKER, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Multiple Sclerosis (“MS”);
SECRETARY OF HEALTH * Significant Aggravation; Cellulitis.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.
Adriana Teitel, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On September 8, 2014, Gary Fazenbaker (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34
(2006). Petitioner alleged that an influenza (“flu”) vaccine administered on October 5, 2011
caused him to suffer from cellulitis and significantly aggravated his multiple sclerosis (“MS”).
On May 12, 2016, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that Petitioner’s alleged cellulitis and
significant aggravation of MS and their residual effects were caused-in-fact by the flu vaccine.
Respondent further denies that the flu vaccine caused Petitioner any other injury or his current
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, codified as amended at 44 U.S.C. §
3501 note (2012). 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-00828-UNJ Document 40 Filed 06/13/16 Page 2 of 7
condition. However, 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 $15,000.00 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.
The undersigned approves the requested amounts for Petitioner’s 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 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

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