VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01410 Package ID: USCOURTS-cofc-1_15-vv-01410 Petitioner: Michael Ware Filed: 2015-11-20 Decided: 2018-03-05 Vaccine: influenza Vaccination date: 2012-11-20 Condition: thrombocytopenia, polymyositis Outcome: compensated Award amount USD: 762664 AI-assisted case summary: Michael Ware filed a petition on November 20, 2015, alleging that the influenza vaccine he received on November 20, 2012, caused him to suffer thrombocytopenia and polymyositis, and that these injuries resulted in residual effects lasting more than six months. The vaccine was on the Vaccine Injury Table, and Mr. Ware alleged it was a Table injury. Respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Ware's alleged injuries or any other injury, and denied that his current disabilities were vaccine-related. Despite the denial, the parties filed a joint stipulation agreeing to a settlement. The Court adopted the stipulation as its decision, awarding Mr. Ware compensation. The award included a lump sum payment of $762,664.76, which covered first-year life care expenses ($12,664.76) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($750,000.00). Additionally, an amount sufficient to purchase an annuity contract was awarded. The clerk was directed to enter judgment according to this decision and the stipulation. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01410-0 Date issued/filed: 2018-03-05 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 2/6/18) regarding 51 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (MRG) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-01410-UNJ Document 55 Filed 03/05/18 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * MICHAEL WARE, * * No. 15-1410 Petitioner, * Special Master Christian J. Moran * v. * * SECRETARY OF HEALTH * Filed: February 6, 2018 AND HUMAN SERVICES, * * stipulation, flu, thrombocytopenia, Respondent. * polymyositis. * * * * * * * * * * * * * * * * * * * * * Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner; Voris E. Johnson, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On February 1, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Michael Ware on November 20, 2015. Petitioner alleged that the influenza (“flu”) vaccine he received on November 20, 2012, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer thrombocytopenia, polymyositis, and “other injuries.” Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:15-vv-01410-UNJ Document 55 Filed 03/05/18 Page 2 of 10 Respondent denies that the vaccines either caused petitioner’s alleged injury or any other injury, and denies that petitioner's current disabilities are the result of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: 1. A lump sum payment of $762,664.76, in the form of a check payable to petitioner. This amount represents compensation for first year life care expenses ($12,664.76) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($750,000.00). 2. An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation, paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company"). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 15-1410 according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 CCaassee 1 1:1:155--vvvv--0011441100--UUNNJJ D Dooccuummeennt t5 550 F Filieledd 0 032/0/051/1/188 P Paaggee 3 1 o of f1 80 CCaassee 1 1:1:155--vvvv--0011441100--UUNNJJ D Dooccuummeennt t5 550 F Filieledd 0 032/0/051/1/188 P Paaggee 4 2 o of f1 80 CCaassee 1 1:1:155--vvvv--0011441100--UUNNJJ D Dooccuummeennt t5 550 F Filieledd 0 032/0/051/1/188 P Paaggee 5 3 o of f1 80 CCaassee 1 1:1:155--vvvv--0011441100--UUNNJJ D Dooccuummeennt t5 550 F Filieledd 0 032/0/051/1/188 P Paaggee 6 4 o of f1 80 CCaassee 1 1:1:155--vvvv--0011441100--UUNNJJ D Dooccuummeennt t5 550 F Filieledd 0 032/0/051/1/188 P Paaggee 7 5 o of f1 80 CCaassee 1 1:1:155--vvvv--0011441100--UUNNJJ D Dooccuummeennt t5 550 F Filieledd 0 032/0/051/1/188 P Paaggee 8 6 o of f1 80 CCaassee 1 1:1:155--vvvv--0011441100--UUNNJJ D Dooccuummeennt t5 550 F Filieledd 0 032/0/051/1/188 P Paaggee 9 7 o of f1 80 CCaasese 1 1:1:155-v-vv-v0-011441100-U-UNNJ J D Doocucummeennt 5t 550 F Fileiledd 0 032/0/051/1/188 P Paaggee 1 80 ooff 810