VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00413
Package ID: USCOURTS-cofc-1_16-vv-00413
Petitioner: Christopher Stephen Fennell
Filed: 2016-07-18
Decided: 2017-08-23
Vaccine: influenza
Vaccination date: 2014-09-24
Condition: acute disseminated encephalomyelitis, peripheral neuropathy, and hearing loss
Outcome: compensated
Award amount USD: 185000

AI-assisted case summary:
Christopher Stephen Fennell filed a petition on April 1, 2016, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that on September 24, 2014, he received a trivalent influenza vaccine and subsequently suffered from acute disseminated encephalomyelitis (ADEM), peripheral neuropathy, and hearing loss. Mr. Fennell further alleged that the residual effects of these conditions lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the alleged injuries or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on July 18, 2017. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in awarding damages. The stipulation awarded Christopher Stephen Fennell a lump sum of $185,000.00, payable by check to the Petitioner, as compensation for all damages. The decision was filed on August 23, 2017. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Caryn S. Fennell represented the Petitioner, and Glenn A. MacLeod represented the Respondent.

Theory of causation field:
Petitioner Christopher Stephen Fennell alleged that a September 24, 2014, trivalent influenza vaccine caused acute disseminated encephalomyelitis (ADEM), peripheral neuropathy, and hearing loss, with residual effects lasting over six months. Respondent denied causation. The parties reached a settlement via stipulation filed July 18, 2017. Special Master Brian H. Corcoran adopted the stipulation as his decision, awarding Petitioner $185,000.00 as compensation for all damages. 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_16-vv-00413-0
Date issued/filed: 2017-08-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/18/2017) Regarding 24 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Copy to parties.
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Case 1:16-vv-00413-UNJ Document 31 Filed 08/23/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-413V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
CHRISTOPHER STEPHEN FENNELL, * Special Master Corcoran
*
Petitioner, * Filed: July 18, 2017
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Trivalent Influenza (“Flu”) Vaccine;
AND HUMAN SERVICES, * Acute Disseminated
* Encephalomyelitis (“ADEM”); Peripheral
Respondent. * Neuropathy; Hearing Loss.
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Caryn S. Fennell, Caryn S. Fennell, P.C., Woodstock, GA, for Petitioner.
Glenn A. MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 1, 2016, Christopher Stephen Fennell filed a petition seeking compensation under
the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that
he suffered from acute disseminated encephalomyelitis (“ADEM”), peripheral neuropathy, and
hearing loss as a result of his September 24, 2014, trivalent influenza (“flu”) vaccine. Petitioner
further alleges that he has experienced the residual effects of this condition for more than six
months.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the
Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), 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 in its present form will be
available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).

Case 1:16-vv-00413-UNJ Document 31 Filed 08/23/17 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner’s alleged ADEM, peripheral
neuropathy, and/or hearing loss, or any other injury. Nonetheless both parties, while maintaining
their above-stated positions, agreed in a stipulation (filed on July 18, 2017) that the issues before
them could be settled, and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
 A lump sum of $185,000.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amount set forth above to be made 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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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