VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00975 Package ID: USCOURTS-cofc-1_14-vv-00975 Petitioner: Margaret Ferguson Filed: 2016-02-16 Decided: 2016-03-18 Vaccine: Hepatitis A Vaccination date: 2013-03-12 Condition: brachial plexopathy Outcome: compensated Award amount USD: 103750 AI-assisted case summary: Margaret Ferguson filed a petition on February 16, 2016, alleging that she developed brachial plexopathy as a result of receiving Hepatitis A and Hepatitis B vaccinations on March 12, 2013, and May 14, 2013, respectively. She further alleged that she experienced residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused her condition. Nevertheless, the parties reached a joint stipulation for damages. The court adopted the stipulation, awarding Margaret Ferguson a lump sum of $103,750.00. This amount was intended to compensate for all damages available under the National Vaccine Injury Compensation Program. The decision was finalized on March 18, 2016, with judgment entered in accordance with the stipulation. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, and respondent was represented by Camille M. Collett of the United States Department of Justice. Special Master Thomas L. Gowen issued the decision. Theory of causation field: Petitioner Margaret Ferguson alleged that she developed brachial plexopathy as a result of receiving Hepatitis A vaccination on March 12, 2013, and Hepatitis B vaccination on May 14, 2013. She alleged residual effects for more than six months. Respondent denied causation. The parties reached a joint stipulation for award, and Special Master Thomas L. Gowen adopted the stipulation. Petitioner was awarded $103,750.00 as a lump sum for all damages. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Alison H. Haskins, and respondent by Camille M. Collett. The decision date was March 18, 2016. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00975-0 Date issued/filed: 2016-03-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/16/2016) regarding 28 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00975-UNJ Document 32 Filed 03/18/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-975V Filed: February 16, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED MARGARET FERGUSON, * * Special Master Gowen Petitioner, * * Joint Stipulation on Damages; v. * Hepatitis A; Hepatitis B; * Brachial Plexopathy. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * Alison H. Haskins, Maglio Christopher & Toale, Sarasota, FL, for petitioner. Camille M. Collett, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On October 10, 2014, Margaret Ferguson (“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 Hepatitis A and Hepatitis B vaccinations on March 12, 2013 and May 14, 2013 respectively, she developed brachial plexopathy. Stipulation for Award at ¶ 2, 4, filed Feb. 8, 2016. Further, petitioner alleged that she experienced residual effects of her injury 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-00975-UNJ Document 32 Filed 03/18/16 Page 2 of 7 On February 8, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that any of the vaccines caused petitioner’s brachial plexopathy or any other injury or condition. 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 $103,750.00, in the form of a check payable to petitioner, Margaret Ferguson. 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-00975-UNJ Document 32 Filed 03/18/16 Page 3 of 7 Case 1:14-vv-00975-UNJ Document 32 Filed 03/18/16 Page 4 of 7 Case 1:14-vv-00975-UNJ Document 32 Filed 03/18/16 Page 5 of 7 Case 1:14-vv-00975-UNJ Document 32 Filed 03/18/16 Page 6 of 7 Case 1:14-vv-00975-UNJ Document 32 Filed 03/18/16 Page 7 of 7