VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01469 Package ID: USCOURTS-cofc-1_15-vv-01469 Petitioner: Susan Boyer Filed: 2016-08-10 Decided: 2016-09-22 Vaccine: influenza Vaccination date: 2014-10-26 Condition: transverse myelitis (“TM”) and/or acute inflammatory demyelinating polyradiculopathy (“AIDP”) Outcome: compensated Award amount USD: 85000 AI-assisted case summary: Susan Boyer filed a petition on August 10, 2016, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from transverse myelitis (TM) and/or acute inflammatory demyelinating polyradiculopathy (AIDP) as a result of receiving an influenza vaccine on October 26, 2014, and that she experienced residual effects from this injury for more than six months. The respondent denied that the flu vaccine caused her alleged injuries. However, both parties agreed to settle the case through a stipulation filed on August 10, 2016. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision awarding damages. The stipulation awarded Susan Boyer a lump sum of $85,000.00, payable by check, as compensation for all damages. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Ryan D. Pyles of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation. Theory of causation field: Susan Boyer alleged that she suffered from transverse myelitis (TM) and/or acute inflammatory demyelinating polyradiculopathy (AIDP) following receipt of an influenza vaccine on October 26, 2014, with residual effects lasting more than six months. The respondent denied causation. The parties reached a settlement via stipulation filed on August 10, 2016, which was adopted by Special Master Brian H. Corcoran on September 22, 2016. The stipulation awarded a lump sum of $85,000.00 to the petitioner. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01469-0 Date issued/filed: 2016-09-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/10/2016) Regarding 16 DECISION Stipulation. (Signed by Special Master Brian H. Corcoran.) (ed) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01469-UNJ Document 20 Filed 09/22/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1469V * * * * * * * * * * * * * * * * * * * * * * * * * * Special Master Corcoran SUSAN BOYER, * * Petitioner, * Filed: August 10, 2016 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; AND HUMAN SERVICES, * Transverse Myelitis (“TM”); * Acute Inflammatory Respondent. * Demyelinating Polyradiculopathy (“AIDP”). * * * * * * * * * * * * * * * * * * * * * * * * * * Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Ryan D. Pyles, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 4, 2015, Susan Boyer filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he suffered from transverse myelitis (“TM”) and/or acute inflammatory demyelinating polyradiculopathy (“AIDP”) as a result of her October 26, 2014, receipt of the influenza (“flu”) vaccine. Moreover, Petitioner alleges that he experienced residual effects of this injury for more than six months. 1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole decision will be available to the public. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Case 1:15-vv-01469-UNJ Document 20 Filed 09/22/16 Page 2 of 7 Respondent denies that the flu vaccine caused Petitioner’s alleged TM, AIDP, and/or any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on August 10, 2016) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  A lump sum of $85,000.00 in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made 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.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:15-vv-01469-UNJ Document 20 Filed 09/22/16 Page 3 of 7 Case 1:15-vv-01469-UNJ Document 20 Filed 09/22/16 Page 4 of 7 Case 1:15-vv-01469-UNJ Document 20 Filed 09/22/16 Page 5 of 7 Case 1:15-vv-01469-UNJ Document 20 Filed 09/22/16 Page 6 of 7 Case 1:15-vv-01469-UNJ Document 20 Filed 09/22/16 Page 7 of 7