VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00943
Package ID: USCOURTS-cofc-1_15-vv-00943
Petitioner: Jeffery Miller
Filed: 2016-11-04
Decided: 2016-11-04
Vaccine: influenza
Vaccination date: 2012-09-17
Condition: multiple sclerosis
Outcome: compensated
Award amount USD: 195000

AI-assisted case summary:
Petitioner Jeffery Miller filed a petition alleging that he developed multiple sclerosis as a result of receiving the influenza and Tdap vaccines on September 17, 2012, and that he experienced the residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused petitioner to suffer multiple sclerosis or any other injury. Despite the respondent's denial, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Jeffery Miller a lump sum of $195,000.00 as compensation for all damages. The decision was issued on November 4, 2016. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was Althea Walker Davis. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Jeffery Miller alleged that he suffered from multiple sclerosis caused by his receipt of the influenza and Tdap vaccines on September 17, 2012, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding $195,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused the injury. Attorneys for the petitioner were Ronald C. Homer, and for the respondent was Althea Walker Davis. The decision date was November 4, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00943-0
Date issued/filed: 2016-11-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/04/2016) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:15-vv-00943-UNJ Document 29 Filed 11/29/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-943V
Filed: November 4, 2016
Not for Publication
*************************************
JEFFERY MILLER, *
*
Petitioner, *
*
Damages decision based on stipulation;
v. *
influenza (“flu”) vaccine; tetanus-
*
diphtheria-acellular pertussis (“Tdap”)
SECRETARY OF HEALTH *
vaccine; multiple sclerosis
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Ronald C. Homer, Boston, MA, for petitioner.
Althea Walker Davis, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On November 3, 2016, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that he suffered from
multiple sclerosis caused by his receipt of the influenza (“flu”) and tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccines on September 17, 2012. He further alleges that he experienced the
residual effects of this injury for more than six months. Respondent denies that the flu vaccine
or Tdap vaccine caused petitioner to suffer multiple sclerosis or any other injury. Nonetheless,
the parties agreed to resolve this matter informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision 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). Vaccine Rule 18(b) states that
all decisions of the special masters will be made available to the public unless they contain trade secrets
or commercial or financial information that is privileged and confidential, or medical or similar
information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a
decision is filed, petitioner has 14 days to identify and move to redact such information prior to the
document=s disclosure. If the special master, upon review, agrees that the identified material fits within
the banned categories listed above, the special master shall redact such material from public access.

Case 1:15-vv-00943-UNJ Document 29 Filed 11/29/16 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ stipulation, attached, and awards compensation in the amount and on the
terms set forth in the stipulation. Pursuant to the stipulation, the court awards a lump sum of
$195,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2012). The award shall be in the form of a check for $195,000.00 made payable
to petitioner.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: November 4, 2016 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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