VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00529
Package ID: USCOURTS-cofc-1_15-vv-00529
Petitioner: Scott A. Fundermann
Filed: 2016-08-05
Decided: 2016-10-06
Vaccine: influenza
Vaccination date: 
Condition: bilateral radial neuropathies, acute inflammatory demyelinating polyneuropathy (“AIDP”), possible acute motor axonal neuropathy (“AMAN”) of AIDP, and/or Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 816104

AI-assisted case summary:
Scott A. Fundermann filed a petition for compensation under the National Vaccine Injury Compensation Program on August 5, 2016, alleging that he suffered bilateral radial neuropathies, acute inflammatory demyelinating polyneuropathy (AIDP), possible acute motor axonal neuropathy (AMAN) of AIDP, and/or Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine. The petition stated that the vaccine was administered in the United States, that Mr. Fundermann experienced residual effects of his injury for more than six months, and that there had been no prior award or settlement of a civil action for damages related to his condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Fundermann's conditions. Despite the respondent's denial, the parties filed a joint stipulation for damages on August 4, 2016. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. The stipulation awarded Mr. Fundermann compensation consisting of a lump sum of $816,104.41 and an additional amount to purchase an annuity contract. The lump sum was itemized as $23,167.99 for first-year life care expenses, $540,772.29 for lost earnings, $245,000.00 for pain and suffering, and $7,164.13 for past unreimbursable expenses. The lump sum was to be paid via check to Mr. Fundermann, and the annuity amount was to be paid to the life insurance company from which the annuity would be purchased. The Chief Special Master approved the compensation amount and directed that judgment be entered accordingly. Petitioner's counsel was Richard H. Moeller of Berenstein, Moore, et al., and respondent's counsel was Claudia B. Gangi of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation.

Theory of causation field:
Petitioner Scott A. Fundermann alleged that an influenza vaccine administered in the United States caused him to suffer bilateral radial neuropathies, acute inflammatory demyelinating polyneuropathy (AIDP), possible acute motor axonal neuropathy (AMAN) of AIDP, and/or Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties reached a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey on October 6, 2016. The stipulation resulted in an award of $816,104.41 as a lump sum for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an additional amount for an annuity. The public text does not detail the specific theory of causation, the mechanism of injury, expert testimony, or the specific evidence considered in reaching the stipulation. Petitioner was represented by Richard H. Moeller, and respondent was represented by Claudia B. Gangi.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00529-0
Date issued/filed: 2016-10-06
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 08/05/2016) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00529-UNJ Document 46 Filed 10/06/16 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0529V
Filed: August 5, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SCOTT A. FUNDERMANN, *
* Joint Stipulation on Damages;
Petitioner, * Influenza (“flu”) Vaccine; Radial
* Neuropathy; Acute Inflammatory
v. * Demyelinating Polyneuropathy (“AIDP”);
* Acute Motor Axonal Neuropathy
SECRETARY OF HEALTH * (“AMAN”); Guillain-Barré Syndrome
AND HUMAN SERVICES, * (“GBS”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Richard H. Moeller, Berenstein, Moore, et al., Sioux City, IA, for petitioner.
Claudia B. Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 26, 2015, Scott A. Fundermann, (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that he suffered bilateral
radial neuropathies, acute inflammatory demyelinating polyneuropathy (“AIDP”),
possible acute motor axonal neuropathy (“AMAN”) of AIDP, and/or Guillain-Barré
Syndrome (“GBS”) as a result of receiving the influenza (“flu”) vaccine. Pet. at 1; Stip.,
filed Aug. 4, 2016, at ¶¶ 1, 2, 4. Petitioner further states that the vaccine was
administered in the United States, that he experienced the residual effects of his injury
for more than six months, and that there has been no prior award or settlement of a civil
action for damages as a result of his condition. Pet. at ¶¶ 3, 36, 42; Stip. at ¶¶ 3, 5.
Respondent denies that the flu vaccine caused petitioner to suffer from bilateral radial
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it 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). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact 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-00529-UNJ Document 46 Filed 10/06/16 Page 2 of 10
neuropathies, AIDP, possible AMAN of AIDP, and/or GBS or any other injury or his
current condition. Stip. at ¶ 6.
Nevertheless, on August 4, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. 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 petitioner shall receive the following compensation:
(1) A lump sum of $816,104.41, which amount represents compensation for
first year life care expenses ($23,167.99), lost earnings ($540,772.29),
pain and suffering ($245,000.00), and past unreimbursable expenses
($7,164.13), in the form of a check payable to petitioner, Scott A.
Fundermann; and
(2) An amount sufficient to purchase the annuity contract described in
paragraph 10 of the stipulation, paid to the life insurance company from
which the annuity will be purchased.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:15-vv-00529-UNJ Document 46 Filed 10/06/16 Page 3 of 10

Case 1:15-vv-00529-UNJ Document 46 Filed 10/06/16 Page 4 of 10

Case 1:15-vv-00529-UNJ Document 46 Filed 10/06/16 Page 5 of 10

Case 1:15-vv-00529-UNJ Document 46 Filed 10/06/16 Page 6 of 10

Case 1:15-vv-00529-UNJ Document 46 Filed 10/06/16 Page 7 of 10

Case 1:15-vv-00529-UNJ Document 46 Filed 10/06/16 Page 8 of 10

Case 1:15-vv-00529-UNJ Document 46 Filed 10/06/16 Page 9 of 10

Case 1:15-vv-00529-UNJ Document 46 Filed 10/06/16 Page 10 of 10