VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00852
Package ID: USCOURTS-cofc-1_14-vv-00852
Petitioner: Thomas Luch
Filed: 2014-09-15
Decided: 2020-11-30
Vaccine: influenza
Vaccination date: 2011-10-24
Condition: chronic inflammatory demyelinating polyneuropathy
Outcome: compensated
Award amount USD: 260000

AI-assisted case summary:
Thomas Luch filed a petition for compensation under the National Vaccine Injury Compensation Program on September 15, 2014, alleging that he suffered chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine on October 24, 2011. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Luch's condition. Despite the denial, the parties filed a joint stipulation for damages on November 27, 2020. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting its terms as the decision of the court. The award consists of a lump sum of $260,000.00 payable to Mr. Luch and an amount sufficient to purchase an annuity contract as described in the stipulation. This award is intended to cover all items of damages available under the Vaccine Act. The decision was entered on November 30, 2020. Petitioner was represented by Richard Gage of Richard Gage P.C., and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner alleged that receipt of an influenza vaccine on October 24, 2011, caused chronic inflammatory demyelinating polyneuropathy (CIDP). Respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Special Master Daniel T. Horner. The stipulation did not detail the specific theory of causation, expert testimony, or medical evidence presented. The award consisted of a lump sum of $260,000.00 and an amount for an annuity. The decision was entered on November 30, 2020. Petitioner's counsel was Richard Gage, and respondent's counsel was Adriana Ruth Teitel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00852-1
Date issued/filed: 2020-12-28
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 11/30/2020) regarding 175 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (et) Service on parties made.
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Case 1:14-vv-00852-UNJ Document 179 Filed 12/28/20 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-852V
Filed: November 30, 2020
UNPUBLISHED
THOMAS LUCH,
Petitioner,
Joint Stipulation on Damages;
v.
Influenza (Flu) Vaccine; Chronic
Inflammatory Demyelinating
SECRETARY OF HEALTH AND
Polyneuropathy (CIDP)
HUMAN SERVICES,
Respondent.
Richard Gage, Richard Gage P.C., Cheyanne, WY, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On September 15, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that he suffered chronic inflammatory demyelinating
polyneuropathy (“CIDP”) as a result of his receipt of the influenza (“flu”) vaccine on
October 24, 2011. Petition at 1-2; Stipulation, filed November 27, 2020, at ¶¶ 2, 4.
Petitioner further alleges there has been no prior award or settlement of a civil action for
damages. Petition at 2; Stipulation at ¶ 5. “Respondent denies that the influenza
vaccine caused petitioner to suffer from CIDP, any other injury, or his current condition.”
Stipulation at ¶ 6.
Nevertheless, on November 27, 2020, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
stipulation reasonable and adopt it as the decision of the Court in awarding damages,
on the terms set forth therein.
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the decision will be available to anyone with access to the
Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact
medical or other information the disclosure of which would constitute an unwarranted invasion of privacy.
If the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-00852-UNJ Document 179 Filed 12/28/20 Page 2 of 9
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
a. An amount sufficient to purchase the annuity contact described in
paragraph 10 of the attached Stipulation, paid to the life insurance
company from which the annuity will be purchased; and
b. A lump sum of $260,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8.
This award represents compensation for all items of damages that would be available
under § 15(a). Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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