VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00642
Package ID: USCOURTS-cofc-1_15-vv-00642
Petitioner: Fermin Padilla
Filed: 2015-06-22
Decided: 2016-09-19
Vaccine: influenza
Vaccination date: 2012-09-08
Condition: rash on left arm and abdomen and shoulder after injection; pain in and around the injection area and numbness in the wrist and arm
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Fermin Padilla filed a petition on June 22, 2015, alleging that the influenza vaccine he received on or about September 8, 2012, caused him to suffer a rash on his left arm and abdomen, shoulder pain, and pain in and around the injection area, along with numbness in his wrist and arm. Mr. Padilla further alleged that he experienced residual effects from these conditions for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Padilla's alleged injuries or that his current disabilities were a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation agreeing to compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr. Padilla a lump sum payment of $50,000.00, payable by check to Fermin Padilla, as compensation for all damages. The decision was filed on September 19, 2016. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Richard Gage of Richard Gage, P.C., and respondent was represented by Glenn A. MacLeod of the U.S. Department of Justice.

Theory of causation field:
Petitioner Fermin Padilla received an influenza vaccine on or about September 8, 2012. He alleged that this vaccine caused a rash on his left arm and abdomen, shoulder pain, pain in and around the injection area, and numbness in his wrist and arm, with residual effects lasting more than six months. The respondent denied causation. The influenza vaccine is listed on the Vaccine Injury Table. The parties filed a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a $50,000.00 lump sum award. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, but notes the condition is listed on the Vaccine Injury Table. Petitioner's counsel was Richard Gage, and respondent's counsel was Glenn A. MacLeod. The decision date was September 19, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00642-0
Date issued/filed: 2016-09-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/25/2016) regarding 30 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties.
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Case 1:15-vv-00642-UNJ Document 34 Filed 09/19/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
FERMIN PADILLA, *
* No. 15-642V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: August 25, 2016
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * rash; shoulder pain.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Richard Gage, Richard Gage, P.C., Cheyenne, WY, for Petitioner;
Glenn A. MacLeod, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
UNPUBLISHED DECISION1
On August 24, 2016, the parties filed a joint stipulation concerning the
petition for compensation filed by Fermin Padilla on June 22, 2015. In his petition,
petitioner alleged that the influenza (“flu”) vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on
or about September 8, 2012, caused him to suffer a “rash on [the left] arm and
abdomen and shoulder after injection; pain in and around the injection area [and]
numbness in the wrist and arm.” Petitioner further alleges that he 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 his
behalf as a result of his 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-00642-UNJ Document 34 Filed 09/19/16 Page 2 of 7
Respondent denies that the flu vaccine caused petitioner’s alleged rash, left
shoulder pain, numbness and weakness or any other injury and further denies that
his current disabilities are a sequela of a vaccine-related injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. 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 lump sum payment of $50,000.00 in the form of a check payable to
petitioner, Fermin Padilla. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 15-695V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Shannon Proctor, at (202)
357-6360.
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

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