VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00955 Package ID: USCOURTS-cofc-1_15-vv-00955 Petitioner: Cathryn Mong Filed: 2017-09-14 Decided: 2017-09-14 Vaccine: influenza Vaccination date: 2012-09-04 Condition: narcolepsy Outcome: compensated Award amount USD: 125000 AI-assisted case summary: Petitioner Cathryn Mong filed a claim alleging that she developed narcolepsy as a result of receiving an influenza vaccine on September 4, 2012. Respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition. Despite the denial, the parties reached a stipulation to settle the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Ms. Mong $125,000.00 in compensation, representing all damages available under the program. The award was to be paid as a lump sum check payable to the petitioner. This decision was issued on September 14, 2017. Clifford J. Shoemaker represented the petitioner, and Christine M. Becer represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert testimony. Theory of causation field: Petitioner Cathryn Mong alleged that her September 4, 2012 influenza vaccine caused her narcolepsy. Respondent denied causation. The parties reached a stipulation to settle the case, and Special Master Laura D. Millman adopted the stipulation, awarding $125,000.00 in total damages. The public decision does not detail the specific theory of causation, medical evidence, expert testimony, or the mechanism by which the vaccine allegedly caused the injury. The award was based on the parties' agreement, not a finding of causation by the Special Master. Petitioner was represented by Clifford J. Shoemaker, and respondent by Christine M. Becer. The decision date was September 14, 2017. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00955-0 Date issued/filed: 2017-10-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/14/2017) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00955-UNJ Document 35 Filed 10/10/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-955V Filed: September 14, 2017 Not for Publication ************************************* CATHRYN MONG, * * Petitioner, * * v. * Damages decision based on * stipulation; influenza (flu) vaccine; SECRETARY OF HEALTH * narcolepsy AND HUMAN SERVICES, * * Respondent. * * ************************************* Clifford J. Shoemaker, Vienna, VA, for petitioner. Christine M. Becer, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On September 14, 2017, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered narcolepsy that was caused by her September 4, 2012 receipt of influenza (“flu”) vaccine. Respondent denies that the flu vaccine caused petitioner’s narcolepsy 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’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). 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 delete 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 delete such material from public access. Case 1:15-vv-00955-UNJ Document 35 Filed 10/10/17 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $125,000.00, representing reimbursement 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 payable to petitioner in the amount of $125,000.00. 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: September 14, 2017 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. Case 1:15-vv-00955-UNJ Document 35 Filed 10/10/17 Page 3 of 7 Case 1:15-vv-00955-UNJ Document 35 Filed 10/10/17 Page 4 of 7 Case 1:15-vv-00955-UNJ Document 35 Filed 10/10/17 Page 5 of 7 Case 1:15-vv-00955-UNJ Document 35 Filed 10/10/17 Page 6 of 7 Case 1:15-vv-00955-UNJ Document 35 Filed 10/10/17 Page 7 of 7