VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00850 Package ID: USCOURTS-cofc-1_14-vv-00850 Petitioner: Lawrence Brown Filed: 2014-09-15 Decided: 2016-10-24 Vaccine: influenza Vaccination date: 2011-10-14 Condition: Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 425000 AI-assisted case summary: Lawrence Brown filed a petition for vaccine compensation on September 15, 2014, alleging that the seasonal influenza vaccine he received on October 14, 2011, caused him to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). The influenza vaccine is listed on the Vaccine Injury Table. Mr. Brown claimed to have suffered residual effects from this condition for more than six months. Respondent, the Secretary of Health and Human Services, denied that the vaccine caused CIDP or any other injury. Despite this denial, the parties reached a joint stipulation to settle the case. The stipulation stated that the parties agreed to resolve the issues and enter an award. Under the terms of the stipulation, Mr. Brown was awarded a lump sum payment of $425,000.00, intended to compensate for all damages available under the National Vaccine Injury Compensation Program. This award represents a compromise of the parties' positions on liability and damages, and the United States does not admit that the flu vaccine caused Mr. Brown's CIDP. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00850-0 Date issued/filed: 2016-11-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/25/16) regarding 65 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00850-UNJ Document 69 Filed 11/21/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * LAWRENCE BROWN, * * No. 14-850V Petitioner, * Special Master Christian J. Moran * v. * Filed: October 25, 2016 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * Chronic Inflammatory Demyelinating * Polyneuropathy (“CIDP”) Respondent. * * * * * * * * * * * * * * * * * * * * * * Ronald C. Homer and Lauren Faga, Conway, Homer & Chin-Caplan, Boston, MA, for Petitioner; Julia W. McInerny, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On October 24, 2016, the parties filed a joint stipulation concerning the petition for compensation filed by Lawrence Brown on September 15, 2014. In his petition, petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October 14, 2011, caused him to suffer Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:14-vv-00850-UNJ Document 69 Filed 11/21/16 Page 2 of 7 Respondent denies that the influenza vaccine caused petitioner to suffer GBS or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $425,000.00 in the form of a check payable to petitioner, Lawrence Brown. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 14-850V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:14-vv-00850-UNJ Document 69 Filed 11/21/16 Page 3 of 7 IN TllE UNITED STATES CC)l;tn OF FEDER.I\ I. Cl.Al~·1S OFFICE OF SPl-:Cl.:\I MASTF.RS I .A WR ENCE BROW\:. 1.:1-850\/ Special !\,laster Mnran Petitioner. FCF . \ SF.CRF.TARY OF llEAl.TI I AND l IUMAN SF.RVICF.S. _____ , _Respondent. STIPt:J,,\TIOI\ fh: pa11ies hcrehy stipulate to the folhi\\'ing ma1h:rs: I. l.awn:nce Rrnwn ( .. petitioner'"! !iku a petition ror vaccine compensntion under the National Vaccine Injury Compensation Program. 42 U.S.C. § :rnoaa-10 to 34 (the .. Vaccine Program"). Petitioner seeks e<'mpcnsati1rn for injuries allegedly related t~) the seasonal inlluen1a (··nu··i \'aCcine. v.hich \·m:cinc is cont<1incd in the Vaccine lnjur~ Ta~le (the·· l'ahk'"). 42 C'.1-.R. ~ I 00.> (a). 2. Petitioner received his llu vaccine on Cktoher 1-L 2011. :l. !"he vaccine was administered \\'ithin the United States. 4. Petitioner alleges that he suffered Chronic lnllammat11ry Dcmyelinating. Polyncuropathy ( .. CIDP") as a result nl'his llu 1;ao.:ination. Petitioner lunher alleges that he experienced the resiJual effects or this condition for more than six months. S. Petitioner represents tht'lt there has been nn prior award or settlement nf a ci,·il ror action damages as a result of his condition. nu 6. Respondent denies that the \'aCcinc caused pt:litioncr's alleged ('fl)(> 1)r any other injury nr his current condition. 7. Maintaining their ahc)\'e-statcd positions. th~ panics ncvcnhclcss now agree 1ha1 the Case 1:14-vv-00850-UNJ Document 69 Filed 11/21/16 Page 4 of 7 issues bet\\'een them shall he -;euled and thllt a decision slwuld he entered awarding 1he c~Jmpcnsation (kscrihed in paragraph 8 of this Stipulation. 8. As soon as practicuhlc after an entry of.iudgment rellecting a decision consistent \Vith the tenns c,fthis Stipulation. and allcr petitioner has lih:d an election to n:ceivc cnmprnsatiun pursuant tn 42 ll.S.C. ~ .~OOaa-21(al(1 ). the Secretary nf I !eallh and I luman Sen ices ,.,ill is'.">ue the following vaccine compensation payment: /\ lump sum or $425.000.00 in the form c,f a check payabk to petitioner. This amount represents compensation flir all damngcs that woulOOaa-15( a). 9. As Sl)On as prat:tic:able after the entry of judgment on entitlement in this case. and after petitioner has 1iled both a proper and timely election to receive compensation pursuant to 42 U.S.C. ~ >OOaa-2 l (a)( I). llnd an application. the parties "·ill submit to further proceedings before the special master to award reasonable al\orncys· ti:es and costs incum:d in proceeding upon 1his petition. I 0. Petitioner and hi:-attorney rt:prcsent that 1hcy have idcntilied to respondent all or knt)\\·I) sour~es payment ror items or services for H"hich the Prngram is nOl primarily liahk under .t2 Ll.S.C. ~ 300aa-1 S(gl. including State compensation programs. insurance polit:it's. Federal or Stale health bcnelits programs (other than Title XIX ot" the Social Security /\ct (42 LI .S.C. ~ 1396 ct seq.)). or en1i1ie~ that pro,·ide health services on a pre-paid hasis. 11. l'aymcnt made pursuant to paragraph 8 of this Stipulation and any a11wun1s a\\'armis..: nfth..: pa11ics· respcctin: rositi<,ns as to liul"lility and'or or ;-imount damages. and further. that a chang..: in the nature t'f thl' injury or condition or in the items of comrcnsation sought. is not !:_!rounds to modify nr rl'\·ise 1his agreemt'nt. 17. This Stipulation shall not ne construed as an admission hy lhe t:nited States or the Sccr...:tary or I lcalth and I luman Scn·ices that the llu vaccine caused petitioner to suffer< ·mp or any nthcr injury. lR. All rights and nbliga1i11ns of petitioner hcrcundi:r shall apply equall) 10 pctitionds hci rs . ...::-;ecutors. ad mi 11 is t rahirs. suc...:cssors. anclinr assigns. LND OF STIPlJL/\ TIO . .' Case 1:14-vv-00850-UNJ Document 69 Filed 11/21/16 Page 7 of 7 P..T lIT·[{, ~: ~: -- . /!h [)_ __- - !. •\ RENCE l31WW'.\ /\T l'ORNl~Y OF rn:COTrn FOil. A ff lTORlZ.F.D REJ>UE:-if.NTAT!Vf' PfTITIONf.R: ( ~(;J•:~ ~~fik{f!jjffih~s l /I l'I i.'\l\11'iE F. RIJ·:\'FS fl. /fc)fdJ C..ONWA Y. llO:\iU.I~ ~ ~3. Cl-llN·C1\ t'LA:"I 1h Shiw,m111 Strrd Ci-.·il fl1·:i-;iM B1>~;J (•n, \1J\ 021 ! 11 l .s. '>~rnrtinc::it •JI Ju .:. 1i<:t· (i\ ~ l "''~ · 19•1\! !-',() fh'lX 1'!(' lknj1•.1nil1 Fran';;iin "tat\(•n \Va~hillj.!\.:Hl. I)(' ~:•.JO•i.J..O I ·l