VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00479
Package ID: USCOURTS-cofc-1_15-vv-00479
Petitioner: Andrew Hoose
Filed: 2015-05-11
Decided: 2016-08-09
Vaccine: influenza
Vaccination date: 2013-09-09
Condition: Acute Disseminated Encephalomyelitis (ADEM)
Outcome: compensated
Award amount USD: 500000

AI-assisted case summary:
Andrew Hoose filed a petition for compensation under the National Vaccine Injury Compensation Program on May 11, 2015. Petitioner alleged that he developed Acute Disseminated Encephalomyelitis (ADEM) as a result of receiving an influenza vaccination on September 9, 2013. The respondent denied that the influenza immunization caused petitioner's injury. The parties reached a settlement agreement, which was filed on August 9, 2016. Under the terms of the stipulation, the respondent agreed to issue payments totaling $500,000.00 in a lump sum, payable to Andrew Hoose. Additionally, the respondent agreed to pay an amount sufficient to purchase an annuity contract, which would be paid to the life insurance company from which the annuity would be purchased. These combined payments were intended to compensate for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation accordingly. The decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Ronald C. Homer, Esq., represented the petitioner, and Douglas Ross, Esq., represented the respondent.

Theory of causation field:
Petitioner Andrew Hoose alleged that he developed Acute Disseminated Encephalomyelitis (ADEM) as a result of receiving an influenza vaccination on September 9, 2013. The respondent denied causation. The parties reached a stipulation for settlement, agreeing to compensation. The public decision does not describe the specific theory of causation, mechanism of injury, expert testimony, or the specific breakdown of the annuity. The settlement award consists of a $500,000.00 lump sum payment to the petitioner and an additional amount sufficient to purchase an annuity. Special Master Mindy Michaels Roth adopted the stipulation. The decision was issued on August 9, 2016. Petitioner's counsel was Ronald C. Homer, Esq., and respondent's counsel was Douglas Ross, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00479-0
Date issued/filed: 2016-09-08
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 8/9/2016) regarding 35 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:15-vv-00479-UNJ Document 39 Filed 09/08/16 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-479V
(Filed: August 9, 2016)
Not for Publication
* * * * * * * * * * * * * * *
ANDREW HOOSE, *
*
Petitioner, * Decision on Joint Stipulation; Influenza
* (“Flu”) Vaccine; Acute Disseminated
v. * Encephalomyelitis (“ADEM”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * *
Ronald C. Homer, Esq., Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Douglas Ross, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On May 11, 2015, Andrew Hoose [“petitioner”] filed a petition for compensation under
the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed Acute
Disseminated Encephalomyelitis (“ADEM”) as a result of receiving an influenza vaccination on
September 9, 2013. See Stipulation, filed August 9, 2016, at ¶¶ 1-4. Respondent denies that the
influenza immunization caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On August 9, 2016, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
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 (2006)). 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).

Case 1:15-vv-00479-UNJ Document 39 Filed 09/08/16 Page 2 of 9
Respondent agrees to issue the following payments:
1. A lump sum of $500,000.00 in the form of a check payable to petitioner,
Andrew Hoose; and
2. An amount sufficient to purchase the annuity contract described in paragraph
10 of the attached stipulation, paid to the life insurance company from which the
annuity will be purchased (the “Life Insurance Company”).
Together, these amounts represent compensation for all damages that would be available
under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 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

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