VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01224
Package ID: USCOURTS-cofc-1_15-vv-01224
Petitioner: E.W.H.
Filed: 2019-01-29
Decided: 2019-01-29
Vaccine: influenza
Vaccination date: 2014-05-22
Condition: eczema and scarring
Outcome: compensated
Award amount USD: 12500

AI-assisted case summary:
Jessica Williams, mother of E.W.H., filed a claim on January 29, 2019, alleging that her son suffered eczema and scarring as a result of receiving varicella, measles mumps rubella (MMR), diphtheria tetanus acellular pertussis (DTaP), inactivated polio virus (IPV), and influenza (flu) vaccines on May 22, 2014. The respondent, the Secretary of Health and Human Services, denied that these vaccines caused the alleged injuries. Despite the denial, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation and awarded E.W.H. a lump sum of $12,500.00 as compensation for all damages. The decision was issued on January 29, 2019. Petitioner was represented by Richard Gage, and respondent was represented by Althea Walker Davis.

Theory of causation field:
Petitioner alleged that E.W.H. suffered eczema and scarring as a result of receiving varicella, MMR, DTaP, IPV, and influenza vaccines on May 22, 2014. Respondent denied that the vaccines caused the alleged injuries. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding a lump sum of $12,500.00 for all damages. The public decision does not describe the specific theory of causation, medical experts, clinical details of the alleged injury, or the mechanism of injury. Petitioner's counsel was Richard Gage, and respondent's counsel was Althea Walker Davis. The decision date was January 29, 2019.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01224-0
Date issued/filed: 2019-03-01
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 1/29/2019) regarding 72 DECISION Stipulation/Proffer. Signed by Special Master Laura D. Millman. (et) Service on parties made.
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Case 1:15-vv-01224-UNJ Document 73 Filed 03/01/19 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1224V
Filed: January 29, 2019
Not to be Published
*************************************
JESSICA WILLIAMS, mother of *
E.W.H., *
*
Damages decision based on
Petitioner, *
stipulation; diphtheria tetanus
*
acellular pertussis (“DTaP”);
v. *
influenza (“flu”) vaccine; eczema
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Richard Gage, Cheyenne, WY, for petitioner.
Althea Walker Davis, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On January 29, 2019, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that her child, E.W.H.,
suffered eczema and scarring as a result of his May 22, 2014 receipt of varicella, measles mumps
rubella (“MMR”), diphtheria tetanus acellular pertussis (“DTaP”), inactivated polio virus
(“IPV”), and influenza (“flu”) vaccines. Respondent denies that these vaccines, alone or in
combination, caused petitioner’s son’s eczema 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, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). This means the decision will be available to anyone with access to the
Internet. 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 delete
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 delete such
material from public access.

Case 1:15-vv-01224-UNJ Document 73 Filed 03/01/19 Page 2 of 8
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$12,500.00, in the form of a check payable to petitioner, as guardian/conservator of E.W.H.’s
estate, representing 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 of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: January 29, 2019 /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.
2

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