VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00169 Package ID: USCOURTS-cofc-1_15-vv-00169 Petitioner: Jennifer L. Check Filed: 2016-10-12 Decided: 2016-10-12 Vaccine: influenza Vaccination date: 2013-11-12 Condition: polyneuropathy Outcome: compensated Award amount USD: 5000 AI-assisted case summary: On October 12, 2016, Jennifer L. Check filed a petition alleging that she suffered polyneuropathy as a result of receiving an influenza vaccine on November 12, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's condition. The parties reached a stipulation to resolve the case, and the court adopted its terms. Special Master Laura D. Millman issued a decision awarding compensation. The award was a lump sum of $5,000.00, representing reimbursement for all damages available under the program, payable to Jennifer L. Check via check. The decision was issued on October 12, 2016. The public decision does not describe the petitioner's specific symptoms, medical history, diagnostic tests, treatments, or the specific mechanism by which the vaccine allegedly caused the polyneuropathy. The public decision also does not name the petitioner's counsel or the respondent's counsel. Theory of causation field: Petitioner Jennifer L. Check alleged that an influenza vaccine administered on November 12, 2013, caused her to develop polyneuropathy. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding $5,000.00 in compensation. The public decision does not detail the specific theory of causation, medical experts, or evidence presented by either party. The mechanism of injury is not described in the public text. The award was a lump sum of $5,000.00. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00169-0 Date issued/filed: 2016-11-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/12/2016) regarding 41 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00169-UNJ Document 44 Filed 11/07/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-169V Filed: October 12, 2016 Not for Publication ************************************* JENNIFER L. CHECK, * * Petitioner, * * Damages decision based on v. * stipulation; influenza (“flu”) * vaccine; polyneuropathy SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* William E. Cochran, Jr., Memphis, TN, for petitioner. Christine M. Becer, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On October 11, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered polyneuropathy as a result of her receipt of influenza (“flu”) vaccine on November 12, 2013. Respondent denies that the flu vaccine caused petitioner’s polyneuropathy 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 1:15-vv-00169-UNJ Document 44 Filed 11/07/16 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 $5,000.00, 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 $5,000.00. 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: October 12, 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 Case 1:15-vv-00169-UNJ Document 44 Filed 11/07/16 Page 3 of 7 Case 1:15-vv-00169-UNJ Document 44 Filed 11/07/16 Page 4 of 7 Case 1:15-vv-00169-UNJ Document 44 Filed 11/07/16 Page 5 of 7 Case 1:15-vv-00169-UNJ Document 44 Filed 11/07/16 Page 6 of 7 Case 1:15-vv-00169-UNJ Document 44 Filed 11/07/16 Page 7 of 7