VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01520 Package ID: USCOURTS-cofc-1_15-vv-01520 Petitioner: A.M. Filed: 2015-12-15 Decided: 2017-04-19 Vaccine: influenza Vaccination date: 2012-12-18 Condition: seizures and limbic encephalitis Outcome: compensated Award amount USD: 82500 AI-assisted case summary: On December 15, 2015, Tracy Mollica, on behalf of her minor child A.M., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that A.M. suffered seizures and limbic encephalitis as a result of receiving an influenza vaccine on December 18, 2012. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused A.M.'s alleged injuries or current disabilities. Despite this denial, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded. Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum payment of $82,500.00, payable to Tracy Mollica as guardian/conservator of A.M.'s estate, representing compensation for all damages available under the program. Payment was contingent upon petitioner providing documentation of her appointment as guardian/conservator. The decision was entered on April 19, 2017, with judgment expedited by the parties' joint filing renouncing the right to seek review. Petitioner was represented by Nicholas E. Bunch of White, Getgey & Meyer, and respondent was represented by Lisa A. Watts of the United States Department of Justice. Theory of causation field: Petitioner alleged that A.M. suffered seizures and limbic encephalitis as a result of an influenza vaccine received on December 18, 2012. Respondent denied that the vaccine caused the alleged injuries or resulting disabilities. The parties filed a joint stipulation for damages, agreeing to an award of $82,500.00. The public decision does not describe the specific theory of causation, medical experts, clinical details of the alleged injury, or the mechanism of injury. Special Master Thomas L. Gowen approved the stipulation on April 19, 2017. Petitioner's counsel was Nicholas E. Bunch, and respondent's counsel was Lisa A. Watts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01520-0 Date issued/filed: 2017-04-19 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 03/22/2017) regarding 25 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01520-UNJ Document 29 Filed 04/19/17 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1520V Filed: March 22, 2017 * * * * * * * * * * * * * UNPUBLISHED TRACY MOLLICA Parent, on behalf of, * A.M. a minor child, * * Petitioner, * Special Master Gowen * v. * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; SECRETARY OF HEALTH * Seizures; Limbic Encephalitis AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Nicholas E. Bunch, White, Getgey & Meyer, Cincinnati, OH, for petitioner. Lisa A. Watts, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 15, 2015, Tracy Mollica (“petitioner”) filed a petition on behalf of her minor child, A.M., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to 34 (2012). Petitioner alleged that as the result of A.M.’s receipt of an influenza (“flu”) vaccine on December 18, 2012, A.M. suffered seizures and limbic encephalitis. Stipulation at ¶¶ 2, 4. On March 22, 2017, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccine administered 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 E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), 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). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:15-vv-01520-UNJ Document 29 Filed 04/19/17 Page 2 of 8 to A.M. caused her alleged seizures, limbic encephalitis, or any other injury, and further denies that A.M.’s current disabilities are the sequelae of a vaccine-related injury. Stipulation at ¶ 6. 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 the following in compensation: a. A lump sum of $82,500.00 in the form of a check payable to petitioner as guardian/conservator of the estate of A.M. for the benefit of A.M., representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). No payment shall be made until petitioner provides respondent with documentation establishing that she has been appointed as the guardian/conservator of A.M.’s estate. Id. at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:15-vv-01520-UNJ Document 29 Filed 04/19/17 Page 3 of 8 Case 1:15-vv-01520-UNJ Document 29 Filed 04/19/17 Page 4 of 8 Case 1:15-vv-01520-UNJ Document 29 Filed 04/19/17 Page 5 of 8 Case 1:15-vv-01520-UNJ Document 29 Filed 04/19/17 Page 6 of 8 Case 1:15-vv-01520-UNJ Document 29 Filed 04/19/17 Page 7 of 8 Case 1:15-vv-01520-UNJ Document 29 Filed 04/19/17 Page 8 of 8