VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00123
Package ID: USCOURTS-cofc-1_16-vv-00123
Petitioner: Z.H.
Filed: 2016-01-27
Decided: 2017-07-03
Vaccine: influenza
Vaccination date: 2013-02-01
Condition: amplified pain syndrome
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
On January 27, 2016, Jeff and Christal Holmes, as parents and natural guardians for their minor child Z.H., filed a petition for compensation under the National Childhood Vaccine Injury Program. They alleged that Z.H. suffered from amplified pain syndrome (APS) as a result of an influenza vaccination received on February 1, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused or aggravated Z.H.'s alleged injuries. On June 30, 2017, the parties filed a stipulation agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum payment of $110,000.00, payable to Jeff and Christal Holmes as Guardians of the Estate of Z.H., to compensate for all damages. Judgment was to be entered in accordance with the stipulation, unless a motion for review was filed. The decision was unpublished and intended for posting on the court's website, with provisions for parties to request redaction of sensitive information. Clifford J. Shoemaker represented the petitioners, and Adriana Ruth Teitel represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioners alleged that Z.H., a minor, suffered from amplified pain syndrome (APS) as a result of an influenza vaccination received on February 1, 2013. Respondent denied causation. The parties filed a stipulation agreeing to compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation awarded a lump sum of $110,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the APS. Attorneys for petitioners were Clifford J. Shoemaker, and for respondent was Adriana Ruth Teitel. The decision was based on the stipulation filed June 30, 2017, and entered July 3, 2017.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00123-0
Date issued/filed: 2017-07-28
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 07/03/2017) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00123-UNJ Document 44 Filed 07/28/17 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: July 3, 2017)
* * * * * * * * * * * * * * * UNPUBLISHED
Z.H., a minor, by her parents and natural *
guardians, JEFF HOLMES and *
CHRISTAL HOLMES, *
* No. 16-123V
Petitioners, *
v. * Chief Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Influenza (“flu”) Vaccine; Amplified
* Pain Syndrome (“APS”).
Respondent. *
*
* * * * * * * * * * * * * * *
Clifford J. Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioners.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION1
On January 27, 2016, Jeff and Christal Holmes (“petitioners”) filed a petition for
compensation in the National Childhood Vaccine Injury Program2 on behalf of their minor child,
Z.H. Petitioners alleged that Z.H. suffers from amplified pain syndrome (“APS”) as a result of
the influenza vaccination she received on February 1, 2013. Petition at ¶¶ 5, 14.
On June 30, 2017, the parties filed a stipulation in which they stated that a decision
should be entered awarding compensation. Respondent denies that the influenza vaccination
either caused or significantly aggravated Z.H.’s alleged injuries.
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 1:16-vv-00123-UNJ Document 44 Filed 07/28/17 Page 2 of 8
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 petitioners shall receive the following compensation:
A lump sum in the amount of $110,000.00 in the form of a check payable to
petitioners, Jeff and Christal Holmes, as Guardians of the Estate of Z.H.
This amount represents compensation for all damages that would be available under 42
U.S.C. §300aa-15(a). Stipulation at ¶8.
The undersigned approves the requested amount for petitioners’ 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
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief 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.

Case 1:16-vv-00123-UNJ Document 44 Filed 07/28/17 Page 3 of 8

Case 1:16-vv-00123-UNJ Document 44 Filed 07/28/17 Page 4 of 8

Case 1:16-vv-00123-UNJ Document 44 Filed 07/28/17 Page 5 of 8

Case 1:16-vv-00123-UNJ Document 44 Filed 07/28/17 Page 6 of 8

Case 1:16-vv-00123-UNJ Document 44 Filed 07/28/17 Page 7 of 8

Case 1:16-vv-00123-UNJ Document 44 Filed 07/28/17 Page 8 of 8