VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00888 Package ID: USCOURTS-cofc-1_14-vv-00888 Petitioner: Steve Baldwin Filed: 2014-09-22 Decided: 2016-06-07 Vaccine: MMR Vaccination date: 2012-01-16 Condition: peripheral neuropathy, neuritis, and myalgia Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Steve Baldwin filed a petition on September 22, 2014, alleging that he suffered from peripheral neuropathy, neuritis, and myalgia as a result of receiving two Measles-Mumps-Rubella (MMR) vaccines on January 16, 2012, and February 24, 2012. He also alleged that he experienced residual effects from these injuries for more than six months. The respondent, the Secretary of Health and Human Services, denied that the MMR vaccinations caused or significantly aggravated the petitioner's alleged injuries or any other injury, and denied that the petitioner's current disabilities were the result of a vaccine-related injury. Despite this denial, the parties reached a joint stipulation for damages. The court found the stipulation reasonable and adopted it as the decision of the Court. The parties agreed that Steve Baldwin would receive a lump sum of $50,000.00 as compensation for all damages available under the National Vaccine Injury Compensation Program. The decision was entered on June 7, 2016. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00888-0 Date issued/filed: 2016-06-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/18/2016) regarding 34 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00888-UNJ Document 43 Filed 06/07/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-888V Filed: May 18, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED STEVE BALDWIN, * * Special Master Gowen Petitioner, * * Joint Stipulation on Damages; v. * Measles-Mumps-Rubella vaccine; * Peripheral Neuropathy; Neuritis; SECRETARY OF HEALTH * Myalgia. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On September 22, 2014, Steve Baldwin (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of receiving Measles-Mumps-Rubella (“MMR”) vaccines on January 16, 2012 and February 24, 2012, he suffered from peripheral neuropathy, neuritis, and myalgia. Stipulation for Award at ¶ 2, 4, filed May 16, 2016. Further, petitioner alleged that he experienced residual effects of his injuries 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, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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 (2012) (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-00888-UNJ Document 43 Filed 06/07/16 Page 2 of 7 On May 16, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the MMR vaccinations caused or significantly aggravated petitioner’s alleged injuries or any other injury, and denies that petitioner’s current disabilities are the result of a vaccine-related 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 $50,000.00, in the form of a check payable to petitioner, Steve Baldwin. This amount represents 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-00888-UNJ Document 43 Filed 06/07/16 Page 3 of 7 Case 1:14-vv-00888-UNJ Document 43 Filed 06/07/16 Page 4 of 7 Case 1:14-vv-00888-UNJ Document 43 Filed 06/07/16 Page 5 of 7 Case 1:14-vv-00888-UNJ Document 43 Filed 06/07/16 Page 6 of 7 CCaassee 11::1144--vvvv--0000888888--UUNNJJ DDooccuummeenntt 3433 FFiilleedd 0056//1067//1166 PPaaggee 57 ooff 57