VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01545
Package ID: USCOURTS-cofc-1_15-vv-01545
Petitioner: David Merritt
Filed: 2015-12-17
Decided: 2018-09-24
Vaccine: influenza
Vaccination date: 2013-11-11
Condition: Bell's palsy
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
David Merritt filed a petition for compensation under the National Vaccine Injury Compensation Program on December 17, 2015, alleging he developed Bell's palsy after receiving an influenza vaccine on November 11, 2013. The respondent denied that the vaccination caused the alleged injury. The parties subsequently filed a joint stipulation agreeing to settle the case. As part of the stipulation, the respondent agreed to pay Mr. Merritt a lump sum of $35,000.00, representing compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation. The decision was filed on September 24, 2018. Petitioner was represented by Jeffrey Pop, Esq., and respondent was represented by Adriana Teitel, Esq. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments.

Theory of causation field:
Petitioner David Merritt alleged Bell's palsy following an influenza vaccine administered on November 11, 2013. Respondent denied causation. The parties reached a settlement via joint stipulation, agreeing to compensation for all damages. The stipulation was adopted by Special Master Mindy Michaels Roth on September 24, 2018, resulting in a lump sum award of $35,000.00 to the petitioner. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01545-0
Date issued/filed: 2018-09-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/28/2018) regarding 44 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
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Case 1:15-vv-01545-UNJ Document 48 Filed 09/24/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1545V
Filed: August 28, 2018
* * * * * * * * * * * * *
DAVID MERRITT, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Bell’s Palsy; Influenza (“Flu”)
v. * Vaccine
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Jeffrey Pop, Esq., Jeffrey S. Pop and Associates, Beverly Hills, CA, for petitioner.
Adriana Teitel, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On December 17, 2015, David Merritt [“Mr. Merritt or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he developed Bell’s palsy after receiving the influenza [“flu”] vaccine on November 11, 2013.
Stipulation, filed August 27, 2018, at ¶¶ 1-4. Respondent denies that the aforementioned
immunization caused petitioner’s injury. Stipulation at ¶ 6.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).
1

Case 1:15-vv-01545-UNJ Document 48 Filed 09/24/18 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On August 27, 2018, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $35,000.00 in the form of a check payable to petitioner, David
Merritt. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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