VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01150 Package ID: USCOURTS-cofc-1_15-vv-01150 Petitioner: Albert Arias Filed: 2016-08-22 Decided: 2016-08-22 Vaccine: influenza Vaccination date: 2013-10-08 Condition: polyneuropathy Outcome: compensated Award amount USD: 12500 AI-assisted case summary: Petitioner Albert Arias filed a claim alleging that his receipt of an influenza vaccine on October 8, 2013, caused him to develop polyneuropathy, and that he experienced residual effects for more than six months. Respondent denied that the flu vaccine caused the petitioner's condition. The parties reached a settlement through a stipulation, agreeing to resolve the matter informally. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Albert Arias $12,500.00 as compensation for all damages. This award was made in the form of a check payable to the petitioner. The decision was filed on August 22, 2016, and the petition was filed on August 22, 2016. Petitioner's counsel was Michael G. McLaren, and respondent's counsel was Robert P. Coleman, III. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert testimony. Theory of causation field: Petitioner Albert Arias alleged that an influenza vaccine administered on October 8, 2013, caused him to develop polyneuropathy, with residual effects lasting over six months. Respondent denied causation. The parties resolved the case via stipulation, agreeing to an informal settlement. Special Master Laura D. Millman found the stipulation reasonable and awarded $12,500.00 as full compensation. The public decision does not detail the specific theory of causation, mechanism, expert testimony, or the basis for the settlement. Attorneys involved were Michael G. McLaren for the petitioner and Robert P. Coleman, III for the respondent. The decision date was August 22, 2016. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01150-0 Date issued/filed: 2016-09-16 Pages: 7 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/22/2016) regarding 23 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01150-UNJ Document 27 Filed 09/16/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1150V Filed: August 22, 2016 Not for Publication ************************************* ALBERT ARIAS, * * Petitioner, * * Damages decision based on v. * stipulation; influenza (“flu”) * vaccine; polyneuropathy SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Michael G. McLaren, Memphis, TN, for petitioner. Robert P. Coleman, III, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On August 19, 2016 the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges his receipt of influenza (“flu”) vaccine on October 8, 2013 caused him to develop polyneuropathy. He further alleges he experienced the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner to develop polyneuropathy 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-01150-UNJ Document 27 Filed 09/16/16 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court adopts the parties’ attached stipulation 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 $12,500.00, 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 $12,500.00 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: August 22, 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. Case 1:15-vv-01150-UNJ Document 27 Filed 09/16/16 Page 3 of 7 Case 1:15-vv-01150-UNJ Document 27 Filed 09/16/16 Page 4 of 7 Case 1:15-vv-01150-UNJ Document 27 Filed 09/16/16 Page 5 of 7 Case 1:15-vv-01150-UNJ Document 27 Filed 09/16/16 Page 6 of 7 Case 1:15-vv-01150-UNJ Document 27 Filed 09/16/16 Page 7 of 7