VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00471
Package ID: USCOURTS-cofc-1_15-vv-00471
Petitioner: J.C.
Filed: 2015-05-08
Decided: 2016-11-23
Vaccine: influenza
Vaccination date: 2012-11-24
Condition: Sixth Cranial Nerve Palsy
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
On May 8, 2015, Ronald Cooper filed a petition on behalf of his minor child, J.C., under the National Vaccine Injury Compensation Program. The petition alleged that J.C. developed Sixth Cranial Nerve Palsy as a result of receiving an influenza vaccination on November 24, 2012. The respondent denied that the influenza immunization caused J.C.'s injury. The parties reached a settlement agreement, and on November 23, 2016, they filed a joint stipulation outlining the terms. Special Master Mindy Michaels Roth issued a decision on the joint stipulation. Pursuant to the stipulation, J.C. was awarded a lump sum of $85,000.00, payable to Ronald Cooper as the legal representative of J.C. This amount is intended as compensation for all damages available under the program. Payment is contingent upon Mr. Cooper providing documentation of his appointment as guardian or conservator of J.C.'s estate. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Howard Gold represented the petitioner, and Michael P. Milmoe represented the respondent.

Theory of causation field:
Petitioner alleged that J.C. developed Sixth Cranial Nerve Palsy as a result of receiving an influenza vaccine on November 24, 2012. Respondent denied causation. The parties reached a settlement, and Special Master Mindy Michaels Roth awarded $85,000.00. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was resolved via joint stipulation.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00471-0
Date issued/filed: 2016-12-20
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 11/23/2016) regarding 33 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00471-UNJ Document 37 Filed 12/20/16 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: November 23, 2016)
No. 15-471V
* * * * * * * * * * * * * UNPUBLISHED
RONALD COOPER, as parent and *
next friend of J.C., a minor * Decision on Joint Stipulation;
* Sixth Cranial Nerve Palsy;
Petitioner, * Influenza (“Flu”) Vaccine.
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Howard Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner.
Michael P. Milmoe, US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On May 8, 2015, Ronald Cooper [“Mr. Cooper” or “petitioner”] filed a petition for
compensation on behalf of his minor child, J.C., under the National Vaccine Injury
Compensation Program.2 Petitioner alleges that J.C. developed Sixth Cranial Nerve Palsy as a
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend to post this decision on the United States Court of Federal Claims' website, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified
as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party
has 14 days to identify and move to delete medical or other information, that satisfies the criteria
in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, I agree that the identified
material fits within the requirements of that provision, 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 1:15-vv-00471-UNJ Document 37 Filed 12/20/16 Page 2 of 8
result of receiving an influenza vaccination on November 24, 2012. See Stipulation, filed
November 23, 2016, at ¶¶ 1-4. Respondent denies that the influenza immunization caused J.C.’s
injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On November 23, 2016, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Pursuant to the terms stated in the attached Stipulation, the undersigned awards a lump
sum of $85,000.00 in the form of a check payable to Ronald Cooper as legal representative
of J.C.3 This amount represents compensation for all damages that would be available under §
300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 “Petitioner represents that he presently is, or within 90 days of the date of the judgment will
become, duly authorized to serve as guardian/conservator of J.C.’s estate under the laws of the
Commonwealth of Massachusetts.” Stipulation at ¶ 13. “No payments pursuant to this
Stipulation shall be made until petitioner provides the Secretary with documentation establishing
his appointment as guardian/conservator of J.C.’s estate. If petitioner is not authorized by a court
of competent jurisdiction to serve as guardian/conservator of the estate of J.C. at the time a
payment pursuant to this Stipulation is to be made, any such payment shall be paid to the party or
parties appointed by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of
the estate of J.C. upon submission of written documentation of such appointment to the
Secretary.” Id.
4 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 1:15-vv-00471-UNJ Document 37 Filed 12/20/16 Page 3 of 8

Case 1:15-vv-00471-UNJ Document 37 Filed 12/20/16 Page 4 of 8

Case 1:15-vv-00471-UNJ Document 37 Filed 12/20/16 Page 5 of 8

Case 1:15-vv-00471-UNJ Document 37 Filed 12/20/16 Page 6 of 8

Case 1:15-vv-00471-UNJ Document 37 Filed 12/20/16 Page 7 of 8

Case 1:15-vv-00471-UNJ Document 37 Filed 12/20/16 Page 8 of 8