VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00486 Package ID: USCOURTS-cofc-1_15-vv-00486 Petitioner: B.H. Filed: 2015-05-12 Decided: 2017-03-22 Vaccine: influenza Vaccination date: 2013-12-05 Condition: urticaria Outcome: compensated Award amount USD: 4000 AI-assisted case summary: Jacqueline F. King, as the natural guardian and legal representative of her minor daughter B.H., filed a petition on May 12, 2015, alleging that B.H. suffered urticaria as a result of an influenza vaccine received on December 5, 2013. The petitioner claimed that B.H. experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused the urticaria or any other injury. The parties, represented by Nancy R. Meyers for the petitioner and Camille M. Collett for the respondent, reached a joint stipulation to resolve the case. Special Master Christian J. Moran found the stipulation reasonable and adopted it as the court's decision. Damages awarded included a lump sum payment of $4,000.00 payable to Jacqueline F. King and an amount sufficient to purchase an annuity contract. The case was compensated based on the stipulation. Theory of causation field: Petitioner alleged that the influenza vaccine, contained in the Vaccine Injury Table, received by B.H. on December 5, 2013, caused urticaria and residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation, which Special Master Christian J. Moran adopted as the court's decision. The stipulation resulted in a compensated outcome. Damages included a $4,000.00 lump sum payment to Jacqueline F. King and an amount for an annuity. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The theory of causation is based on the Vaccine Injury Table and a stipulation between the parties. Attorneys involved were Nancy R. Meyers for the petitioner and Camille M. Collett for the respondent. The decision was filed on February 22, 2017. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00486-0 Date issued/filed: 2017-03-22 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 2/22/17) regarding 53 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00486-UNJ Document 59 Filed 03/22/17 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * JACQUELINE F. KING, as natural * guardian and legal representative of * No. 15-486V her minor daughter, B.H., * Special Master Christian J. Moran * Petitioner, * Filed: February 22, 2017 * v. * * Stipulation; influenza (“flu”) vaccine; SECRETARY OF HEALTH * urticaria. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * Nancy R. Meyers, Ward Black Law, Greensboro, NC, for Petitioner; Camille M. Collett, U.S. Dep’t of Justice, Washington, D.C., for Respondent. UNPUBLISHED DECISION1 On February 17, 2017, the parties filed a joint stipulation concerning the petition for compensation filed by Jacqueline F. King, as natural guardian and legal representative of her minor daughter, B.H., on May 12, 2015. In her petition, petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury Table, 42 C.F.R. §100.3(a), and which B.H. received on December 5, 2013, caused B.H. to suffer urticaria. Petitioner further alleges that B.H. suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on B.H.’s behalf as a result of her condition. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:15-vv-00486-UNJ Document 59 Filed 03/22/17 Page 2 of 9 Respondent denies that the influenza vaccine caused petitioner to suffer urticaria or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: a. A lump sum payment of $4,000.00 in the form of a check payable to petitioner, Jacqueline F. King. b. 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”). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 15-486V according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:15-vv-00486-UNJ Document 59 Filed 03/22/17 Page 3 of 9 Case 1:15-vv-00486-UNJ Document 59 Filed 03/22/17 Page 4 of 9 Case 1:15-vv-00486-UNJ Document 59 Filed 03/22/17 Page 5 of 9 Case 1:15-vv-00486-UNJ Document 59 Filed 03/22/17 Page 6 of 9 Case 1:15-vv-00486-UNJ Document 59 Filed 03/22/17 Page 7 of 9 Case 1:15-vv-00486-UNJ Document 59 Filed 03/22/17 Page 8 of 9 Case 1:15-vv-00486-UNJ Document 59 Filed 03/22/17 Page 9 of 9