VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01212
Package ID: USCOURTS-cofc-1_15-vv-01212
Petitioner: Adam Jack Kinder
Filed: 2015-10-16
Decided: 2016-08-09
Vaccine: influenza
Vaccination date: 2014-10-03
Condition: optic neuritis
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Adam Jack Kinder filed a petition on October 16, 2015, alleging that the influenza vaccine he received on October 3, 2014, caused him to develop optic neuritis. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused or aggravated the petitioner's alleged injury or any other injury, and denied that the petitioner's current disabilities were the result of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided that Adam Jack Kinder would receive a lump sum of $25,000.00, payable to him, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was entered on August 9, 2016. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the specific mechanism of injury. Petitioner counsel was William E. Cochran, Jr. of Black McLaren et al., PC, and respondent counsel was Darryl R. Wishard of the United States Department of Justice.

Theory of causation field:
Petitioner Adam Jack Kinder alleged that an influenza vaccine received on October 3, 2014, caused optic neuritis. Respondent denied causation. The parties filed a joint stipulation on damages, agreeing to an award of $25,000.00. The Special Master adopted the stipulation. The public decision does not detail a specific theory of causation, expert testimony, or the mechanism of injury. The case was resolved via stipulation, with compensation awarded despite respondent's denial of causation. Chief Special Master Nora Beth Dorsey issued the decision on August 9, 2016. Petitioner counsel was William E. Cochran, Jr., and respondent counsel was Darryl R. Wishard.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-01212-0
Date issued/filed: 2016-09-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/09/2016) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01212-UNJ Document 37 Filed 09/12/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: August 9, 2016)
* * * * * * * * * * * * * * * UNPUBLISHED
ADAM JACK KINDER, *
* No. 15-1212V
Petitioner, *
*
v. * Chief Special Master Dorsey
*
SECRETARY OF HEALTH * Influenza (“flu”) Vaccine; Optic
AND HUMAN SERVICES, * Neuritis; Chronic Headaches; Sinusitis;
* Joint Stipulation on Damages.
Respondent. *
*
* * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren et al., PC, Memphis, TN, for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On October 16, 2015, Adam Jack Kinder (“petitioner”) filed a petition in the National
Vaccine Injury Compensation Program2 alleging that the influenza vaccine he received on
October 3, 2014, caused him to develop optic neuritis. Petition at 1.
On August 9, 2016, the parties filed a stipulation in which they stated that a decision
should be entered awarding compensation. Respondent denies that the influenza vaccination
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.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note
(2012)(Federal Management and Promotion of Electronic Government Services). 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.

Case 1:15-vv-01212-UNJ Document 37 Filed 09/12/16 Page 2 of 7
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 $25,000.00 in the form of a check payable to petitioner, Adam Jack
Kinder.
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation dated August 9, 2016 (ECF No. 31) at ¶ 8.
The undersigned approves the requested amount for petitioners’ 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
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
/s/ Nora Beth Dorsey
Nora Beth Dorsey
Chief 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.

Case 1:15-vv-01212-UNJ Document 37 Filed 09/12/16 Page 3 of 7

Case 1:15-vv-01212-UNJ Document 37 Filed 09/12/16 Page 4 of 7

Case 1:15-vv-01212-UNJ Document 37 Filed 09/12/16 Page 5 of 7

Case 1:15-vv-01212-UNJ Document 37 Filed 09/12/16 Page 6 of 7

Case 1:15-vv-01212-UNJ Document 37 Filed 09/12/16 Page 7 of 7