VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01293
Package ID: USCOURTS-cofc-1_15-vv-01293
Petitioner: Jeremy Yuricek
Filed: 2015-10-30
Decided: 2016-09-02
Vaccine: influenza
Vaccination date: 2013-10-04
Condition: acute disseminated encephalomyelitis
Outcome: compensated
Award amount USD: 405046

AI-assisted case summary:
On October 30, 2015, Ana Yuricek, as administratrix of the estate of Jeremy Yuricek and individually, petitioned for compensation under the National Childhood Vaccine Injury Act of 1986. The petition alleged that an influenza vaccine administered on October 4, 2013, caused Mr. Yuricek to develop acute disseminated encephalomyelitis (ADEM), which resulted in his death. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the alleged ADEM or death. On August 1, 2016, the parties filed a joint stipulation on damages, agreeing to an award of compensation. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded the estate a lump sum of $405,046.04, payable to petitioner as Legal Representative of the Estate of Jeremy Yuricek. This amount was stipulated to represent compensation for all remaining damages available under 42 U.S.C. § 300aa-15(a). The Special Master approved the requested amount. Judgment was to be entered in accordance with the stipulation, as both parties renounced the right to seek review. Seth D. Bader represented the petitioner, and Gordon Shemin represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details of Mr. Yuricek's condition, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused ADEM.

Theory of causation field:
Petitioner alleged that an influenza vaccine administered on October 4, 2013, caused Jeremy Yuricek to develop acute disseminated encephalomyelitis (ADEM), resulting in his death. Respondent denied causation. The parties filed a joint stipulation on damages, agreeing to an award of $405,046.04. Special Master Lisa Hamilton-Fieldman adopted the stipulation, finding it reasonable. The public decision does not specify the theory of causation, name any experts, or detail the medical evidence considered regarding the alleged link between the influenza vaccine and ADEM. The award was based on a stipulation between the parties. The decision was issued on September 2, 2016, by Special Master Hamilton-Fieldman. Petitioner's counsel was Seth D. Bader, and respondent's counsel was Gordon Shemin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01293-0
Date issued/filed: 2016-09-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/01/2016) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (Attachments: #1 Appendix A)(pn) Copy to parties. Modified on 7/11/2019 to include the attachment(s) in the main document for posting to the courts website (da).
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Case 1:15-vv-01293-UNJ Document 28 Filed 09/02/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1293V
Filed: August 1, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
ANA YURICEK, as Administratrix of the *
Estate of JEREMY YURICEK, Deceased, *
and ANA YURICEK, Individually, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Acute
* Disseminated Encephalomyelitis
SECRETARY OF HEALTH * (“ADEM”).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Seth D. Bader, Bloomberg, Steinberg, & Bader, New York, NY, for Petitioner.
Gordon Shemin, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 30, 2015, Ana Yuricek (“Petitioner”), on behalf of herself and as
administratrix of the estate of Jeremy Yuricek (“Mr. Yuricek”), petitioned for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2012).
Petitioner alleged that the administration of the influenza (“flu”) vaccine, on October 4, 2013,
caused Mr. Yuricek to develop acute disseminated encephalomyelitis (“ADEM”), resulting in his
death.
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 purposes espoused in the E-Government Act of 2002. See 44
U.S.C. § 3501 (2012). 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).
1

Case 1:15-vv-01293-UNJ Document 28 Filed 09/02/16 Page 2 of 7
On August 1, 2016, the parties filed a stipulation, stating that a decision should be entered
awarding compensation. Respondent denies that the flu vaccine is the cause of Petitioner’s
alleged ADEM, death, or any other injury. 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 “a lump sum of $405,046.04 in the form
of a check payable to petitioner as Legal Representative of the Estate of Jeremy Yuricek.”
Appendix A at 2, ECF No. 24. They also specify that this “amount represents compensation for
all remaining damages that would be available under 42 U.S.C. § 300aa-15(a).” Id.
The undersigned approves the requested amount for Petitioner’s 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
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.2
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2 Entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek
review. Vaccine Rule 11(a).
2

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