VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01008 Package ID: USCOURTS-cofc-1_15-vv-01008 Petitioner: Elizabeth B. Hough Filed: 2015-09-11 Decided: 2017-07-12 Vaccine: influenza Vaccination date: 2012-09-15 Condition: encephalitis Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Elizabeth B. Hough filed a petition on September 11, 2015, seeking compensation under the National Vaccine Injury Compensation Program. Ms. Hough alleged that an influenza vaccination administered on September 15, 2012, caused her to suffer from encephalitis with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Hough's alleged encephalitis or any other injury, and further denied that her current disabilities were sequelae of a vaccine-related injury. On July 12, 2017, the parties filed a joint stipulation agreeing to award compensation to Ms. Hough. The stipulation stated that Ms. Hough would receive a lump sum of $50,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court, ordering judgment to be entered in accordance with its terms. The decision was unpublished and noted that it might be posted on the U.S. Court of Federal Claims website after a 14-day period for parties to request redactions. Petitioner's counsel was Richard Gage of Richard Gage, P.C., and respondent's counsel was Lisa A. Watts of the United States Department of Justice. Theory of causation field: Petitioner Elizabeth B. Hough filed a petition on September 11, 2015, alleging that an influenza vaccination on September 15, 2012, caused encephalitis with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation on July 12, 2017, agreeing to compensation. The stipulation awarded petitioner a lump sum of $50,000.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation as the Court's decision. The public text does not specify the medical mechanism, expert testimony, or specific clinical details of the alleged injury or its sequelae. Petitioner's counsel was Richard Gage, and respondent's counsel was Lisa A. Watts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01008-0 Date issued/filed: 2017-08-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/12/2017) regarding 44 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01008-UNJ Document 48 Filed 08/08/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: July 12, 2017 * * * * * * * * * * * * * * * * * * * * UNPUBLISHED ELIZABETH B. HOUGH, * * No. 15-1008V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * Joint Stipulation; Influenza (“Flu”) AND HUMAN SERVICES, * Vaccination: Encephalitis. * Respondent. * * * * * * * * * * * * * * * * * * * * * Richard Gage, Richard Gage, P.C., Cheyenne, WA, for petitioner. Lisa A. Watts, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On September 11, 2015, Elizabeth B. Hough (“petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (2012).2 Petitioner alleges that as a result of an influenza (“flu”) vaccination received on September 15, 2012, with residual effects lasting for more than six months. On July 12, 2017, the parties filed a stipulation in which they state that a decision should be entered awarded compensation to petitioner. Joint Stipulation (ECF No. 43). Respondent denies that the flu vaccine caused petitioner’s alleged encephalitis, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation attached hereto as Appendix A. The 1 Because this decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the website of the United States Court of Federal Claims, pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012). The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:15-vv-01008-UNJ Document 48 Filed 08/08/17 Page 2 of 7 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 in compensation: 1) A lump sum of $50,000.00 in the form of a check payable to petitioner Elizabeth B. Hough. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Joint Stipulation at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:15-vv-01008-UNJ Document 48 Filed 08/08/17 Page 3 of 7 Case 1:15-vv-01008-UNJ Document 48 Filed 08/08/17 Page 4 of 7 Case 1:15-vv-01008-UNJ Document 48 Filed 08/08/17 Page 5 of 7 Case 1:15-vv-01008-UNJ Document 48 Filed 08/08/17 Page 6 of 7 Case 1:15-vv-01008-UNJ Document 48 Filed 08/08/17 Page 7 of 7