VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00305 Package ID: USCOURTS-cofc-1_16-vv-00305 Petitioner: Ronald Kass Filed: 2016-06-28 Decided: 2017-06-28 Vaccine: influenza Vaccination date: 2013-09-15 Condition: chronic inflammatory demyelinating polyneuropathy (“CIDP”) Outcome: compensated Award amount USD: 225000 AI-assisted case summary: Ronald Kass filed a petition on June 28, 2016, alleging that he suffered chronic inflammatory demyelinating polyneuropathy (CIDP) caused by an influenza vaccine he received on September 15, 2013. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Kass's CIDP or any other injury. The parties, represented by Michael Firestone for the petitioner and Adriana Teitel for the respondent, reached a stipulation to settle the case, which was filed on June 27, 2017. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded compensation in the amount of $225,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a). This award was to be paid as a lump sum check made payable to the petitioner. The decision was issued on June 28, 2017. Theory of causation field: Petitioner Ronald Kass alleged that his receipt of an influenza vaccine on September 15, 2013, caused him to suffer chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied this allegation. The parties filed a stipulation on June 27, 2017, agreeing to settle the case. The Special Master adopted the stipulation, awarding $225,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific theory of causation, medical experts, clinical facts, or the mechanism by which the vaccine allegedly caused the CIDP. The award was made payable to the petitioner. Special Master Laura D. Millman issued the decision on June 28, 2017. Petitioner counsel was Michael Firestone, and respondent counsel was Adriana Teitel. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00305-0 Date issued/filed: 2017-07-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 6/28/2017) regarding 29 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00305-UNJ Document 33 Filed 07/24/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-305V Filed: June 28, 2017 Not for Publication ************************************* RONALD KASS, * * Petitioner, * Damages decision based on * stipulation; chronic inflammatory v. * demyelinating polyneuropathy * (“CIDP”); influenza (“flu”) vaccine SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Michael Firestone, San Mateo, CA, for petitioner. Adriana Teitel, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On June 27, 2017, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered chronic inflammatory demyelinating polyneuropathy (“CIDP”) caused by his receipt of influenza (“flu”) vaccine on September 15, 2013. Respondent denies that the flu vaccine caused petitioner to suffer CIDP or any other injury and further denies that the flu vaccine caused petitioner any other injury or his current condition. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:16-vv-00305-UNJ Document 33 Filed 07/24/17 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court adopts the parties’ stipulation, attached, and awards compensation in the amount and on the terms set forth in the stipulation. Pursuant to the stipulation, the court awards a lump sum of $225,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check for $225,000.00 made payable 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.2 IT IS SO ORDERED. Dated: June 28, 2017 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:16-vv-00305-UNJ Document 33 Filed 07/24/17 Page 3 of 7 Case 1:16-vv-00305-UNJ Document 33 Filed 07/24/17 Page 4 of 7 Case 1:16-vv-00305-UNJ Document 33 Filed 07/24/17 Page 5 of 7 Case 1:16-vv-00305-UNJ Document 33 Filed 07/24/17 Page 6 of 7 Case 1:16-vv-00305-UNJ Document 33 Filed 07/24/17 Page 7 of 7