VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00204 Package ID: USCOURTS-cofc-1_15-vv-00204 Petitioner: Rosemary St. George Filed: 2015-08-30 Decided: 2016-08-30 Vaccine: influenza Vaccination date: 2013-01-16 Condition: brachial neuritis Outcome: compensated Award amount USD: 201604 AI-assisted case summary: Rosemary St. George filed a petition on August 30, 2015, alleging that an influenza vaccine administered on January 16, 2013, caused her to develop brachial neuritis, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Rosemary St. George compensation. The award consisted of a lump sum of $200,000.00 for all damages, payable to the petitioner, and a lump sum of $1,604.71 to reimburse a lien for services rendered on her behalf. This latter amount was to be paid jointly to the petitioner and the Commonwealth of Massachusetts-CRU Casualty Recovery, with the petitioner agreeing to endorse the check to the State of Massachusetts. The total award was $201,604.71. Ronald C. Homer represented the petitioner, and Claudia B. Gangi represented the respondent. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner Rosemary St. George alleged that an influenza vaccine received on January 16, 2013, caused her to develop brachial neuritis, with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation. The public decision does not detail the specific theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused the brachial neuritis. The award was $200,000.00 for damages and $1,604.71 for lien reimbursement, totaling $201,604.71. Special Master Laura D. Millman issued the decision on August 30, 2016. Petitioner counsel was Ronald C. Homer, and respondent counsel was Claudia B. Gangi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00204-0 Date issued/filed: 2016-09-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/30/2016) regarding 33 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00204-UNJ Document 37 Filed 09/26/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-204V Filed: August 30, 2016 Not for Publication ************************************* ROSEMARY ST. GEORGE, * * Petitioner, * Damages decision based on * stipulation; influenza (“flu”) v. * vaccine; brachial neuritis * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Ronald C. Homer, Boston, MA, for petitioner. Claudia B. Gangi, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On August 30, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that her January 16, 2013 receipt of influenza (“flu”) vaccine caused her to develop brachial neuritis. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner’s alleged brachial neuritis, or any other injury, was caused by flu vaccine. 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-00204-UNJ Document 37 Filed 09/26/16 Page 2 of 7 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 $200,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $200,000.00 made payable to petitioner; and b. a lump sum of $1,604.71, representing reimbursement of a lien for services rendered on behalf of petitioner. The award shall be in the form of a check for $1,604.71, made payable jointly to petitioner and Commonwealth of Massachusetts-CRU Casualty Recovery P.O. Box 417811 Boston, MA 02241-7811 Petitioner agrees to endorse this check to the State of Massachusetts. 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 30, 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-00204-UNJ Document 37 Filed 09/26/16 Page 3 of 7 Case 1:15-vv-00204-UNJ Document 37 Filed 09/26/16 Page 4 of 7 Case 1:15-vv-00204-UNJ Document 37 Filed 09/26/16 Page 5 of 7 Case 1:15-vv-00204-UNJ Document 37 Filed 09/26/16 Page 6 of 7 Case 1:15-vv-00204-UNJ Document 37 Filed 09/26/16 Page 7 of 7