VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00962 Package ID: USCOURTS-cofc-1_14-vv-00962 Petitioner: Wendy Ward Filed: 2017-01-05 Decided: 2017-01-05 Vaccine: influenza Vaccination date: 2013-01-15 Condition: Bell's palsy Outcome: compensated Award amount USD: 120000 AI-assisted case summary: Petitioner Wendy Ward filed a claim on January 5, 2017, alleging that she developed Bell's palsy as a result of receiving a trivalent influenza vaccine on or about January 15, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation and awarded Wendy Ward $120,000.00 in compensation for all damages. The decision was issued on January 5, 2017. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner counsel was Lawrence R. Cohan, and respondent counsel was Michael P. Milmoe. Theory of causation field: Petitioner Wendy Ward alleged that a trivalent influenza vaccine administered on or about January 15, 2013, caused her to develop Bell's palsy. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $120,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The award was a lump sum for all damages. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00962-0 Date issued/filed: 2017-01-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/05/2016) regarding 44 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00962-UNJ Document 48 Filed 01/30/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-962V Filed: January 5, 2017 Not for Publication ************************************* WENDY WARD, * * Petitioner, * Damages decision based on * stipulation; trivalent influenza v. * (“flu”) vaccine; Bell’s palsy * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Lawrence R. Cohan, Philadelphia, PA, for petitioner. Michael P. Milmoe, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On January 3, 2017, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered Bell’s palsy as a result of her receipt of the trivalent influenza (“flu”) vaccine on or about January 15, 2013. Respondent denies that the flu vaccine caused petitioner’s Bell’s palsy or any other injury. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:14-vv-00962-UNJ Document 48 Filed 01/30/17 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court adopts the parties’ stipulation, attached, and awards compensation in the amount and on the terms set forth in the stipulation. Pursuant to the stipulation, the court awards a lump sum of $120,000.00, representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa- 15(a) (2012). The award shall be in the form of a check payable to petitioner in the amount of $120,000.00. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: January 5, 2017 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:14-vv-00962-UNJ Document 48 Filed 01/30/17 Page 3 of 7 Case 1:14-vv-00962-UNJ Document 48 Filed 01/30/17 Page 4 of 7 Case 1:14-vv-00962-UNJ Document 48 Filed 01/30/17 Page 5 of 7 Case 1:14-vv-00962-UNJ Document 48 Filed 01/30/17 Page 6 of 7 Case 1:14-vv-00962-UNJ Document 48 Filed 01/30/17 Page 7 of 7