VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00212 Package ID: USCOURTS-cofc-1_16-vv-00212 Petitioner: Michael A. Halcrow Filed: 2016-02-11 Decided: 2020-06-29 Vaccine: influenza Vaccination date: 2014-10-15 Condition: exacerbation of his pre-existing multiple sclerosis Outcome: compensated Award amount USD: 10000 AI-assisted case summary: Michael A. Halcrow filed a petition on February 11, 2016, alleging that he suffered an exacerbation of his pre-existing multiple sclerosis (MS) after receiving an influenza vaccine on October 15, 2014. The respondent, the Secretary of Health and Human Services, denied that the petitioner sustained a significant aggravation of his MS or that the flu vaccine caused his alleged MS exacerbation or any other injury. The parties reached a settlement agreement, and on June 3, 2020, they filed a joint stipulation. As part of the settlement, the respondent agreed to pay Mr. Halcrow a lump sum of $10,000.00, payable to Michael Halcrow, as compensation for all damages. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The decision was issued on June 29, 2020. The public decision does not describe the petitioner's counsel, respondent's counsel, the specific clinical story, or any expert testimony. Theory of causation field: Petitioner Michael A. Halcrow alleged that an influenza vaccine administered on October 15, 2014, caused an exacerbation of his pre-existing multiple sclerosis (MS). The respondent denied this allegation. The parties stipulated to settle the case, and the respondent agreed to pay $10,000.00 as compensation for all damages. Special Master Mindy Michaels Roth issued a decision on June 29, 2020, adopting the stipulation. The public decision does not detail the specific theory of causation, any medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00212-0 Date issued/filed: 2020-06-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 6/3/2020) regarding 76 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00212-UNJ Document 80 Filed 06/29/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-212V Filed: June 3, 2020 * * * * * * * * * * * * * MICHAEL A. HALCROW, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Multiple Sclerosis (“MS”); v. * Significant Aggravation; * Influenza (“Flu”) Vaccine. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Kelly Burdette, Esq., Burdette Law, PLLC, North Bend, WA, for petitioner. Alexis Babcock, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On February 11, 2016, Michael Halcrow [“Mr. Halcrow” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he suffered an exacerbation of his pre-existing multiple sclerosis (“MS”) after receiving an influenza (“flu”) vaccination on October 15, 2014. Stipulation, filed June 3, 2020, at ¶¶ 1-4. Respondent denies that petitioner sustained a significant aggravation of his MS, and denies that the flu vaccine is the cause of petitioner’s alleged MS exacerbation, or any other injury or condition. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On June 3, 2020, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. 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). Case 1:16-vv-00212-UNJ Document 80 Filed 06/29/20 Page 2 of 7 Respondent agrees to issue the following payment: A lump sum of $10,000.00 in the form of a check payable to petitioner, Michael Halcrow. 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 Case 1:16-vv-00212-UNJ Document 80 Filed 06/29/20 Page 3 of 7 Case 1:16-vv-00212-UNJ Document 80 Filed 06/29/20 Page 4 of 7 Case 1:16-vv-00212-UNJ Document 80 Filed 06/29/20 Page 5 of 7 Case 1:16-vv-00212-UNJ Document 80 Filed 06/29/20 Page 6 of 7 Case 1:16-vv-00212-UNJ Document 80 Filed 06/29/20 Page 7 of 7