VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01012
Package ID: USCOURTS-cofc-1_15-vv-01012
Petitioner: Judith Hoechst
Filed: 2015-09-11
Decided: 2017-01-23
Vaccine: influenza
Vaccination date: 2012-09-14
Condition: peripheral neuropathy/mononeuritis multiplex
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Judith Hoechst filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on September 14, 2012, caused her to develop peripheral neuropathy and mononeuritis multiplex. She further alleged that these injuries resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injuries. Despite this denial, the parties reached a joint stipulation for damages. The court adopted this stipulation as its decision. Under the terms of the stipulation, Judith Hoechst was awarded a lump sum of $125,000.00 as compensation for all damages available under the program. This award represents a settlement of liability and damages, and the parties agreed to release the United States and the Secretary from further claims related to the alleged vaccine injury. The case was resolved through this stipulation, and judgment was entered accordingly.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01012-0
Date issued/filed: 2017-02-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/23/2017) regarding 40 DECISION Stipulation/Proffer Signed by Special Master Herbrina Sanders. (azc) Copy to parties.
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Case 1:15-vv-01012-UNJ Document 46 Filed 02/27/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1012V
Filed: January 23, 2017
* * * * * * * * * * * * * *
JUDITH HOECHST, *
*
Petitioner, * Special Master Sanders
*
v. * Joint Stipulation on Damages; Influenza
* Vaccine; Peripheral Neuropathy/
SECRETARY OF HEALTH * Mononeuritis Multiplex
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On September 11, 2015, Judith Hoechst (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34
(2012). Petitioner alleged that as a result of an influenza (“flu”) vaccine administered on
September 14, 2012, she developed peripheral neuropathy/mononeuritis multiplex. See
Stipulation for Award at ¶ ¶ 1-4, filed Jan. 23, 2017. Petitioner further alleged that she suffered
residual effects of these injuries for more than six months. Id. at ¶ 4.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, codified as amended at 44 U.S.C. §
3501 note (2012). As provided by Vaccine Rule 18(b), each party has 14 days within which to
request 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).
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.
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Case 1:15-vv-01012-UNJ Document 46 Filed 02/27/17 Page 2 of 7
On January 23, 2017, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation to Petitioner. Respondent denies that the flu vaccine caused
Petitioner’s peripheral neuropathy/mononeuritis multiplex, or any other injury. Nevertheless, the
parties agree to the joint stipulation, attached hereto as Appendix A. 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:
A lump sum of $125,000.00 in the form of a check, payable to petitioner. This
amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
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.
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Case 1:15-vv-01012-UNJ Document 46 Filed 02/27/17 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JUDITH HOECHST. )
)
Petitioner, ) No. 15-1012V ECF
)
v. ) Special Master Sanders
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner, Judith Hoechst, filed a petition for vaccine compensation under the
National Vaccine lnjury Compensation Program. 42 U.S.C. §§ 300aa-10 to 34 (the ··vaccine
Program .. ). The petition seeks compensation for injuries allegedly related to petitioner"s receipt
of the influenza vaccine (""vaccine .. ). which is contained in the Vaccine Injury Table (the
.. Table .. ), 42 C.F.R. § I 00.3(a).
2. On September 14. 2012, petitioner received the vaccine.
3. The vaccine was administered within the United States.
4. Petitioner alleges that, as a result of receiving the vaccine, she suffered from a
peripheral neuropathy/mononeuritis multiplex. and that she experienced symptoms of this injury
for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her alleged injury.

Case 1:15-vv-01012-UNJ Document 46 Filed 02/27/17 Page 4 of 7
6. Respondent denies that the vaccine either caused or significantly aggravated
petitioner's alleged injury or any other injury, and denies that petitioner's current disabilities are
the result of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of$125,000.00, in the form of a check, payable to petitioner.
This amount represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U .S.C. Section 300aa-2 l (a)(l ), and an application, the parties will submit to further
proceedings before the special master to award reasonable attorneys' fees and costs incurred in
proceeding upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
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Case 1:15-vv-01012-UNJ Document 46 Filed 02/27/17 Page 5 of 7
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts
awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C.
§ 300aa-15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C.
§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs. executors, administrators. successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims. damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought. or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-10 et seq. . on account of. or in any way growing out of. any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from. the vaccine administered on September 14, 2012, as alleged by
petitioner in a petition for vaccine compensation filed on or about September 11. 2015. in the
United States Court of Federal Claims as petition No. 15-10 I 2V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
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Case 1:15-vv-01012-UNJ Document 46 Filed 02/27/17 Page 6 of 7
of this Stipulation or ifthe Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the vaccine received by petitioner either caused or
significantly aggravated petitioner's alleged injury or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:15-vv-01012-UNJ Document 46 Filed 02/27/17 Page 7 of 7
Respectfully submitted,
PETITIONER:
TORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE
P 1TITIONER: OF THE ATTORNEY GENERAL:
PAUgge ~ ~' ~
N E. REEVES
Muller Brazil, LLP Acting l'.'.>eputy Director
715 Twining Road, Suite 107 Torts Branch
Dresher, PA 19025 Civil Division
(215) 885-1655 U.S. Depat1ment of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETA RY OF HEALTH RESPONDENT:
AND HUMA J ES:
; _j, ( ~
,M.D DARRYL R. WISHARD
Director, Division of Injury Senior Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08N 1468 Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-4357
Dated: ___i ,{_z_:s ..{... 1 _ -7-.s.}._ _
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