VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00164
Package ID: USCOURTS-cofc-1_15-vv-00164
Petitioner: D.J.
Filed: 2016-08-22
Decided: 2016-08-22
Vaccine: influenza
Vaccination date: 2014-01-07
Condition: encephalitis
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
On August 22, 2016, D.J., a minor, by her parents Demarco and Lateasha Johnson, filed a petition alleging that she developed encephalitis as a result of receiving an influenza vaccine on January 7, 2014. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the encephalitis. The parties reached a settlement through a stipulation filed on August 18, 2016. Special Master Laura D. Millman adopted the stipulation and awarded compensation. The award included a lump sum of $88,000.00 payable to petitioners as guardians/conservators of the estate of D.J., and a lump sum of $12,000.00 for past unreimbursable expenses, payable to petitioners. These amounts represent compensation for all damages available under the National Vaccine Injury Compensation Program. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or the specific mechanism of causation. Petitioner counsel was William E. Cochran, Jr., and respondent counsel was Ryan D. Pyles.

Theory of causation field:
Petitioners alleged that D.J. developed encephalitis as a result of receiving an influenza vaccine on January 7, 2014. Respondent denied causation. The parties reached a stipulation to resolve the matter informally. The Special Master adopted the stipulation and awarded compensation. The award included a lump sum of $88,000.00 payable to petitioners as guardians/conservators of the estate of D.J., and a lump sum of $12,000.00 for past unreimbursable expenses, payable to petitioners. The public decision does not specify the theory of causation, the medical experts consulted, or the mechanism by which the vaccine allegedly caused the injury. The decision date was August 22, 2016. Petitioner counsel was William E. Cochran, Jr., and respondent counsel was Ryan D. Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00164-0
Date issued/filed: 2016-09-16
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 08/22/2016) regarding 34 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:15-vv-00164-UNJ Document 41 Filed 09/16/16 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-164V
Filed: August 22, 2016
Not for Publication
*************************************
D.J. (a Minor), by her Parents, *
DEMARCO JOHNSON and *
LATEASHA JOHNSON, *
*
Petitioners, * Damages decision based on
* stipulation; influenza (“flu”) vaccine;
v. * encephalitis
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
William E. Cochran, Jr., Memphis, TN, for petitioners.
Ryan D. Pyles, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On August 18, 2016, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms.
Petitioners allege that their daughter, D.J., developed encephalitis as a result of her
receipt of influenza (“flu”) vaccine on January 7, 2014. Respondent denies that the flu vaccine
caused D.J. to develop encephalitis or any other injury. Nonetheless, the parties agreed to
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 1:15-vv-00164-UNJ Document 41 Filed 09/16/16 Page 2 of 8
resolve this matter informally.
The undersigned finds the terms of the stipulation to be reasonable. The court adopts the
parties’ attached stipulation and awards compensation in the amount and on the terms set forth in
the stipulation. Pursuant to the stipulation, the court awards:
a. a lump sum of $88,000.00 in the form of a check payable to petitioners, as
guardians/conservators of the estate of D.J.; and
b. a lump sum of $12,000, representing past unreimbursable expenses. The award shall be in
the form of a check for $12,000 made payable to petitioners.
These amounts represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a) (2012).
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: August 22, 2016 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

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