VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00344 Package ID: USCOURTS-cofc-1_15-vv-00344 Petitioner: M.G. Filed: 2015-04-03 Decided: 2016-09-27 Vaccine: influenza Vaccination date: 2014-01-13 Condition: ataxia Outcome: compensated Award amount USD: 125000 AI-assisted case summary: On April 3, 2015, Katie Davis and Scott Gannuscio, as parents and legal representatives for their minor son M.G., filed a petition under the National Vaccine Injury Compensation Program. They alleged that M.G. suffered from ataxia as a result of receiving an influenza vaccine and a Hepatitis A vaccine on January 13, 2014. The petition further alleged that M.G. experienced residual effects from this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccinations caused M.G.'s ataxia or any other injury. Despite this denial, the parties reached a joint stipulation for damages, which was filed on August 30, 2016. Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the court. The stipulation provided for a lump sum award of $125,000.00, payable by check to petitioners as guardians/conservators of M.G.'s estate. This amount was intended to compensate for all damages available under the program. The parties waived their right to seek review of the decision. Lawrence R. Cohan represented the petitioners, and Lara A. Englund represented the respondent. The decision was issued on September 27, 2016. Theory of causation field: The petition alleged that M.G. suffered from ataxia and experienced residual effects for more than six months following vaccinations with influenza and Hepatitis A vaccines on January 13, 2014. The respondent denied that the vaccinations caused the alleged injury. The parties reached a joint stipulation for damages, agreeing to an award of $125,000.00. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, diagnostic tests, treatments, or the mechanism by which the vaccines allegedly caused the injury. The award was made pursuant to a joint stipulation on damages, approved by Special Master Thomas L. Gowen on September 27, 2016. Petitioners were represented by Lawrence R. Cohan, and respondent was represented by Lara A. Englund. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00344-0 Date issued/filed: 2016-09-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/31/2016) regarding 37 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00344-UNJ Document 41 Filed 09/27/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-344V Filed: August 31, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED M.G. a minor by his parents, KATIE DAVIS * and SCOTT GANNUSCIO, * * Special Master Gowen Petitioners, * * Joint Stipulation on Damages; v. * Influenza Vaccine; Hepatitis A * Vaccine; Ataxia. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioners. Lara A. Englund, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On April 3, 2015, Katie Davis and Scott Gannuscio (“petitioners”) filed a petition on behalf of their minor son, M.G., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioners alleged that as a result of receiving Influenza (“flu”), and Hepatitis A (“Hep A”) vaccines on January 13, 2014, M.G. suffered ataxia. Stipulation ¶ 2, 4, filed Aug. 30, 2016. Further, petitioners alleged that M.G. experienced residual effects of this 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:15-vv-00344-UNJ Document 41 Filed 09/27/16 Page 2 of 7 injury for more than six months. Id. at ¶ 4. On August 30, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu and Hep A vaccinations caused M.G.’s ataxia or any other injury, or his current condition. Id. at ¶ 6. 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 petitioners shall receive the following compensation: A lump sum of $125,000.00, in the form of a check payable to petitioners, as guardians/conservators of M.G.’s estate. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at ¶ 8. The undersigned approves the requested amount for petitioners’ compensation. Accordingly, an award should be made consistent with the stipulation. The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of 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 is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:15-vv-00344-UNJ Document 41 Filed 09/27/16 Page 3 of 7 Case 1:15-vv-00344-UNJ Document 41 Filed 09/27/16 Page 4 of 7 Case 1:15-vv-00344-UNJ Document 41 Filed 09/27/16 Page 5 of 7 Case 1:15-vv-00344-UNJ Document 41 Filed 09/27/16 Page 6 of 7 Case 1:15-vv-00344-UNJ Document 41 Filed 09/27/16 Page 7 of 7