VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01245 Package ID: USCOURTS-cofc-1_14-vv-01245 Petitioner: Mary Picanco Filed: 2014-12-31 Decided: 2017-04-24 Vaccine: influenza Vaccination date: 2013-09-11 Condition: pityriasis lichenoides et varioliformis acuta (PLEVA) Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Mary Picanco filed a petition for compensation under the National Vaccine Injury Compensation Program on December 31, 2014. She alleged that an influenza vaccine administered on September 11, 2013, caused her to develop pityriasis lichenoides et varioliformis acuta (PLEVA), with residual injuries lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused any injury to Ms. Picanco. Despite this denial, the parties reached a joint stipulation recommending an award of compensation. The stipulation was found reasonable by Special Master Thomas L. Gowen. Ms. Picanco was awarded a lump sum of $100,000.00 as compensation for all damages. The decision on damages was issued on April 24, 2017. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism by which the vaccine allegedly caused the condition. Petitioner was represented by Ronald Craig Homer of Conway Homer, P.C., and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice. Theory of causation field: Petitioner Mary Picanco alleged that an influenza vaccine administered on September 11, 2013, caused her to develop pityriasis lichenoides et varioliformis acuta (PLEVA) with residual injuries lasting more than six months. The respondent denied causation. The parties reached a joint stipulation for compensation, which was approved by Special Master Thomas L. Gowen on April 24, 2017. Petitioner was awarded a lump sum of $100,000.00. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Claudia Barnes Gangi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01245-0 Date issued/filed: 2017-04-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/28/2017) regarding 50 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01245-UNJ Document 54 Filed 04/24/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 28, 2017 * * * * * * * * * * * * * * MARY PICANCO, * UNPUBLISHED OPINION * Petitioner, * No. 14-1245V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Damages; AND HUMAN SERVICES, * Joint Stipulation; Influenza (“Flu”) * Vaccine; Pityriasis Lichenoides et Respondent. * Varioliformis Acuta (“PLEVA”) * * * * * * * * * * * * * * Ronald Craig Homer, Conway Homer, P.C., Boston, MA for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, D.C. for respondent. DECISION ON JOINT STIPULATION1 On December 31, 2014, Mary Picanco (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq2 [the “Vaccine Act” or “Program”]. Petitioner alleges that as a result of an influenza (“flu”) vaccine administered on September 11, 2013, she developed pityriasis lichenoides et varioliformis acuta (“PLEVA”), with residual injuries lasting for more than six months. Stipulation (ECF No. 49), ¶¶ 2, 4. 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to post this ruling 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). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will delete such material 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). 1 Case 1:14-vv-01245-UNJ Document 54 Filed 04/24/17 Page 2 of 7 On March 27, 2017, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 49). Respondent denies that the flu vaccine caused any injury to petitioner. 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 a lump sum of $100,000.00, in the form of a check payable to petitioner, Ms. Mary Picanco. Joint Stipulation at ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, the Clerk of the Court is directed to enter judgment in accordance with 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 can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:14-vv-01245-UNJ Document 54 Filed 04/24/17 Page 3 of 7 Case 1:14-vv-01245-UNJ Document 54 Filed 04/24/17 Page 4 of 7 Case 1:14-vv-01245-UNJ Document 54 Filed 04/24/17 Page 5 of 7 Case 1:14-vv-01245-UNJ Document 54 Filed 04/24/17 Page 6 of 7 Case 1:14-vv-01245-UNJ Document 54 Filed 04/24/17 Page 7 of 7