VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01118 Package ID: USCOURTS-cofc-1_15-vv-01118 Petitioner: Jeanette Phillips Filed: 2015-10-05 Decided: 2017-08-22 Vaccine: influenza Vaccination date: 2012-10-12 Condition: unspecified neurological injury Outcome: compensated Award amount USD: 200000 AI-assisted case summary: Jeanette Phillips filed a petition on October 5, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccine she received on October 12, 2012, caused her to develop an unspecified neurological injury, with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury. The parties, however, reached a joint stipulation to settle the case. Special Master Christian J. Moran adopted the stipulation as the decision of the Court. Under the terms of the stipulation, Ms. Phillips was awarded a lump sum payment of $200,000.00, payable to her, as compensation for all damages. This award represents a compromise of the parties' respective positions on liability and damages. The decision also noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs. Joseph M. Pepper of Conway Homer represented the petitioner, and Camille M. Collett of the United States Department of Justice represented the respondent. The decision was filed on July 28, 2017, and is unpublished. Theory of causation field: Petitioner Jeanette Phillips received an influenza vaccine on October 12, 2012. She alleged this vaccine caused an unspecified neurological injury with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation to settle the case, and Special Master Christian J. Moran adopted the stipulation. The settlement awarded petitioner a lump sum of $200,000.00 for all damages. The stipulation stated that it represented a compromise of the parties' respective positions on liability and damages and was not an admission of causation by the respondent. Attorneys for petitioner were Joseph M. Pepper and for respondent Camille M. Collett. The decision date was July 28, 2017. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01118-0 Date issued/filed: 2017-08-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 7/28/17) regarding 58 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01118-UNJ Document 59 Filed 08/22/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * JEANETTE PHILLIPS, * * No. 15-1118V Petitioner, * Special Master Christian J. Moran * v. * Filed: July 28, 2017 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * unspecified neurological injury. * Respondent. * * * * * * * * * * * * * * * * * * * * * * Joseph M. Pepper, Conway Homer, Boston, MA for Petitioner; Camille M. Collett, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On July 27, 2017, the parties filed a joint stipulation concerning the petition for compensation filed by Jeanette Phillips on October 5, 2015. In her petition, petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on October 12, 2012, caused her to develop an unspecified neurological injury. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award 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-01118-UNJ Document 59 Filed 08/22/17 Page 2 of 7 or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the influenza vaccine is the cause of petitioner’s alleged neurological injury or any other injury or condition. Nevertheless, the parties agree to the joint stipulation, attached hereto. 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 $200,000.00 in the form of a check payable to petitioner, Jeanette Phillips. 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 15-1118V according to this decision and the attached stipulation.2 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 Case 1:15-vv-01118-UNJ Document 59 Filed 08/22/17 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JEANETTE PHILLIPS, Petitioner, v. No. 15-l I l RV Special Master Moran SECRETARY OF HEALTH ANO ECF HUMAN SERVICES, Respondent. ------------~---· STI PU LAT~Qt! The parties hereby stipulate to the following matters: I. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-I 0 to 34 (the "Vaccine Progrnm"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3(a). 2. Petitioner received the influenza vaccination on or about October 12, 2012. 3. The vaccine was administered within the United States. 4. Petitioner alleges that the influenza vaccine caused her to develop an unspecified neurological injury and that she experienced the residual effects of this condition 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 condition. 6. Respondent denies that the influenza immunization is the cause of petitioner's alleged neurological injury or any other injury or condition. 1 Case 1:15-vv-01118-UNJ Document 59 Filed 08/22/17 Page 4 of 7 7. Maintaining their above·statcd positions, the parties never1helcss now agree that the issues between them shull be seltled and that a decision should be entered awarding the compensation described in pnragrnph 8 of this Stipulntion. 8. As soon ns practicable after an entry ofj udgment reflecting a decision consistent with the tcnns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § JOOaa-21( a)(I ), !ht: Secretary of Health and Humnn Services will issue the following vaccine compensotion pnyment: A lump sum of $200,000.00 in the fonn of a check payable to petitioner. This amount represents ~ompcnsation for all damages that would be available under 42 U.S.C. §300aa-15(a). 9. As soon as practicable aller the entry of judgment on entitlement in this case, and nfter petitioner hus filed both a proper 11nd timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21( a)( I), ond an application, the parties will submit to fu11her proceedings before the special master to award reasonable attomeys' fees and costs incurred in proceeding upon this petition. I 0. Petitioner and her attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily Ii obl e under 42 U.S.C. § 300aa-l 5(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Secu1ity Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. 11. Payment ma