VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01117 Package ID: USCOURTS-cofc-1_14-vv-01117 Petitioner: A.S. Filed: 2014-11-17 Decided: 2016-01-07 Vaccine: influenza Vaccination date: 2011-12-07 Condition: small fiber neuropathy and chronic pain syndrome Outcome: compensated Award amount USD: 110000 AI-assisted case summary: Robin McCarthy-Stancavage, on behalf of her minor son A.S., filed a petition on November 17, 2014, alleging that an influenza vaccine administered to A.S. on or about December 7, 2011, caused him to suffer from small fiber neuropathy and chronic pain syndrome. A.S. was born on January 7, 1998, making him approximately 13 years old at the time of vaccination. The petition stated that A.S. experienced residual effects of these injuries for more than six months and that there had been no prior award or settlement for these conditions. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused A.S.'s alleged injuries. The parties reached a joint stipulation for compensation, which Special Master Christian J. Moran found reasonable and adopted as the decision of the Court. The stipulation awarded a total of $110,000. This amount included $4,737.16 to reimburse a lien for services rendered by Johns Hopkins Health Care, LLC, payable jointly to the petitioner and Eugene A. Seidel, Trustee. An additional $16,000.00 was awarded as a lump sum payable to the petitioner, Robin McCarthy-Stancavage. Finally, $89,000.00 was awarded as a lump sum payable to A.S. on or after January 7, 2016. These amounts represent compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on January 7, 2016. Petitioner was represented by Diana Stadelnikas Sedar of Maglio, Christopher & Toale, PA, and respondent was represented by Lara A. Englund of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation. Theory of causation field: Petitioner alleged that the influenza vaccine administered on or about December 7, 2011, to A.S., then approximately 13 years old, caused small fiber neuropathy and chronic pain syndrome. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation awarded a total of $110,000: $4,737.16 for a lien reimbursement, $16,000.00 to the petitioner Robin McCarthy-Stancavage, and $89,000.00 to A.S. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury, other than it being a Table injury. The decision date was January 7, 2016. Petitioner's counsel was Diana Stadelnikas Sedar, and respondent's counsel was Lara A. Englund. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01117-0 Date issued/filed: 2016-01-07 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 11/24/2015) regarding 32 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01117-UNJ Document 35 Filed 01/07/16 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * ROBIN MCCARTHY-STANCAVAGE, * on behalf of A.S., a minor child, * No. 14-1117V * Special Master Christian J. Moran Petitioner, * * Filed: November 24, 2015 v. * * Stipulation; influenza (“flu”) SECRETARY OF HEALTH * vaccine; small fiber neuropathy; AND HUMAN SERVICES, * chronic pain syndrome. * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * Diana Stadelnikas Sedar, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner; Lara A. Englund, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On November 19, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Robin McCarthy-Stancavage, on behalf of her son, A.S., on November 17, 2014. In her petition, Ms. McCarthy-Stancavage alleged that the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which A.S. received on or about December 7, 2011, caused him to suffer small fiber neuropathy and chronic pain syndrome, and that A.S. experienced residual effects of these injuries for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on behalf of A.S. as a result of his condition. 1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the party has 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-01117-UNJ Document 35 Filed 01/07/16 Page 2 of 9 Respondent denies that the flu vaccine caused any of A.S.’s, injuries or his current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” 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. A lump sum of $4,737.16, which amount represents reimbursement of a lien for services rendered on behalf of A.S., in the form of a check payable jointly to petitioner and Eugene A. Seidel Trustee for Johns Hopkins Health Care, LLC 107 Sudbrook Lane Baltimore, MD 21208 Petitioner agrees to endorse this check to the Eugene A. Seidel, Trustee for Johns Hopkins Health Care, LLC. B. A lump sum of $16,000.00, in the form of a check payable to petitioner, Robin McCarthy-Stancavage; C. A lump sum of $89,000.00, in the form of a check payable to A.S. on or after January 7, 2016.2 The amounts set forth in sections a, b, and c represent 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 case14-1117V according to this decision and the attached stipulation.3 2 A.S.’s date of birth is January 7, 1998. 3 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-01117-UNJ Document 35 Filed 01/07/16 Page 3 of 9 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 3 Case 1:14-vv-01117-UNJ Document 35 Filed 01/07/16 Page 4 of 9 Case 1:14-vv-01117-UNJ Document 35 Filed 01/07/16 Page 5 of 9 Case 1:14-vv-01117-UNJ Document 35 Filed 01/07/16 Page 6 of 9 Case 1:14-vv-01117-UNJ Document 35 Filed 01/07/16 Page 7 of 9 Case 1:14-vv-01117-UNJ Document 35 Filed 01/07/16 Page 8 of 9 Case 1:14-vv-01117-UNJ Document 35 Filed 01/07/16 Page 9 of 9