VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00324 Package ID: USCOURTS-cofc-1_16-vv-00324 Petitioner: J.C. Filed: 2016-03-14 Decided: 2018-04-04 Vaccine: influenza Vaccination date: 2013-09-24 Condition: transverse myelitis Outcome: compensated Award amount USD: 337137.44 AI-assisted case summary: On March 14, 2016, Mark and Shannon Clement, as parents of their minor son J.C., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that J.C. suffered from transverse myelitis (TM) as a result of an influenza vaccine administered on September 24, 2013. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused J.C.'s TM or any other injury. The parties, represented by Ronald C. Homer for the petitioners and Adriana R. Teitel for the respondent, reached a joint stipulation to settle the case. Special Master Thomas L. Gowen approved the stipulation. The decision awards compensation totaling $337,137.44. This includes a lump sum of $221,184.10 for first-year life care expenses, pain and suffering, and future lost wages, payable to J.C.'s estate upon proof of guardianship. Petitioners also received a lump sum of $3,815.90 for past unreimbursable expenses, payable to them. Additionally, $102,135.21 was allocated to reimburse a lien for services rendered to J.C., payable jointly to the petitioners and the California Department of Health Care Services. An additional amount was set aside for the purchase of an annuity contract. The public decision does not describe the onset of symptoms, specific medical tests performed, treatments received, or the specific mechanism of causation. Theory of causation field: Petitioners alleged that J.C. suffered from transverse myelitis (TM) as a result of an influenza vaccine received on September 24, 2013. The respondent denied causation. The parties entered into a joint stipulation for settlement, approved by Special Master Thomas L. Gowen on April 4, 2018. The stipulation awarded compensation totaling $337,137.44, including a lump sum for life care expenses, pain and suffering, and future lost wages, past unreimbursable expenses, reimbursement of a lien, and an amount for an annuity. The specific theory of causation, medical experts, or detailed factual basis for the alleged injury were not described in the public decision, as the case was resolved by stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00324-0 Date issued/filed: 2018-04-04 Pages: 14 Docket text: PUBLIC DECISION (Originally filed: 03/07/2018) regarding 44 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00324-UNJ Document 50 Filed 04/04/18 Page 1 of 14 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 7, 2018 * * * * * * * * * * * * * * * * * * * MARK CLEMENT and SHANNON * CLEMENT, as parents of J.C., a * UNPUBLISHED minor, * * No. 16-324V Petitioners, * v. * Special Master Gowen * SECRETARY OF HEALTH * Joint Stipulation; Influenza (“Flu”) AND HUMAN SERVICES, * Vaccination; Transverse Myelitis. * Respondent. * * * * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Adriana R. Teitel, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On March 14, 2016, Mark Clement and Shannon Clement (“petitioners”), as parents of their minor son J.C., filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 Petitioners allege that J.C. suffered from transverse myelitis (“TM”) as a result of an influenza (“flu”) vaccine received on September 24, 2013. On March 6, 2018, respondent filed a joint stipulation providing that a decision should be entered awarded compensation to petitioner. Joint Stipulation (ECF No. 43). Respondent denies that the flu vaccine caused J.C. to suffer from TM, any other injury, or his current condition. Id. 1 Because this decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the website of the United States Court of Federal Claims, pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012). The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website. Id. 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. Case 1:16-vv-00324-UNJ Document 50 Filed 04/04/18 Page 2 of 14 at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation to petitioner according to the terms of the joint stipulation attached hereto as Appendix A. The joint stipulation awards the following, which represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a): a) A lump sum of $221,184.10 (which amount represents compensation for first-year life care expenses ($12,722.71); and pain and suffering and future lost wages ($208,461.39) in the form of a check payable to petitioners as guardian(s)/ conservator(s) of the estate of J.C. for the benefit of J.C. No payments will be made until petitioners provide respondent with documentation establishing that they have been appointed as guardian(s)/conservator(s) of J.C.’s estate; b) A lump sum of $3,815.90, which amount represents compensation for past unreimbursable expenses, in the form of a check payable to petitioners, Mark Clement and Shannon Clement; c) A lump sum of $102,135.21, which amount represents reimbursement of a lien for services rendered on behalf of J.C., in the form of a check payable jointly to petitioners and: California Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 Attn: Class Action Unit DHCS Account No.: C90799099E-VAC03 Petitioners agree to endorse this payment to California Department of Health Care Services. d) An amount sufficient to purchase the annuity contract described in paragraph 10 of the joint stipulation, paid to the life insurance company from which the annuity will be purchased. I find the stipulation reasonable and I adopt it as the decision of the Court in awarding damages, on the terms set forth therein. 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 jointly or separately filing notice renouncing their right to seek review. 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