VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01267 Package ID: USCOURTS-cofc-1_15-vv-01267 Petitioner: Michael Crist Filed: 2015-12-05 Decided: 2016-12-05 Vaccine: influenza Vaccination date: 2013-09-29 Condition: Bell’s palsy and hearing loss Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Michael Crist filed a petition on December 5, 2015, alleging that he suffered from Bell's palsy and hearing loss caused by an influenza vaccine he received on September 29, 2013. He further alleged that the residual effects of this injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's alleged injuries or any other disability. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Michael Crist $60,000.00 as compensation for all damages. The award was to be paid as a lump sum check made payable to the petitioner. The decision was issued on December 5, 2016. Andrew W. Downing represented the petitioner, and Glenn A. MacLeod represented the respondent. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner Michael Crist alleged that an influenza vaccine administered on September 29, 2013, caused Bell's palsy and hearing loss with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation, awarding $60,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The attorneys involved were Andrew W. Downing for the petitioner and Glenn A. MacLeod for the respondent. Special Master Laura D. Millman issued the decision on December 5, 2016. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01267-0 Date issued/filed: 2017-01-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/05/2016) regarding 27 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01267-UNJ Document 36 Filed 01/03/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1267V Filed: December 5, 2016 Not for Publication ************************************* MICHAEL CRIST, * * Petitioner, * Damages decision based on * stipulation; influenza (“flu”) v. * vaccine; Bell’s palsy; hearing loss * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Andrew W. Downing, Phoenix, AZ, for petitioner. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On December 5, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from Bell’s palsy and hearing loss caused by his receipt of influenza (“flu”) vaccine on September 29, 2013. He further alleges that he experienced the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner to suffer Bell’s palsy, hearing loss, or any other injury and further denies that the flu vaccine caused petitioner’s current disabilities. 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-01267-UNJ Document 36 Filed 01/03/17 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court adopts the parties’ stipulation, attached, 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 $60,000.00, 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 $60,000.00 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: December 5, 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. 2 Case 1:15-vv-01267-UNJ Document 36 Filed 01/03/17 Page 3 of 7 Case 1:15-vv-01267-UNJ Document 36 Filed 01/03/17 Page 4 of 7 Case 1:15-vv-01267-UNJ Document 36 Filed 01/03/17 Page 5 of 7 Case 1:15-vv-01267-UNJ Document 36 Filed 01/03/17 Page 6 of 7 Case 1:15-vv-01267-UNJ Document 36 Filed 01/03/17 Page 7 of 7