VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00626 Package ID: USCOURTS-cofc-1_16-vv-00626 Petitioner: Leah Soos Filed: 2016-05-26 Decided: 2019-06-17 Vaccine: influenza Vaccination date: 2014-10-09 Condition: chronic inflammatory demyelinating polyneuropathy Outcome: compensated Award amount USD: 175000 AI-assisted case summary: Leah Soos filed a petition for compensation under the National Vaccine Injury Compensation Program on May 26, 2016, alleging that she suffered chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine on October 9, 2014. The respondent, the Secretary of Health and Human Services, denied that the alleged injuries were caused by the vaccine. However, the parties reached a stipulation to resolve the case. Under the terms of the stipulation, the respondent agreed to an award of compensation to Ms. Soos. Special Master Thomas L. Gowen adopted the stipulation, awarding Ms. Soos a lump sum of $175,000, payable by check to petitioner, for all damages. Both parties waived their right to seek review of the decision. The public decision does not describe the petitioner's counsel, respondent's counsel, the specific onset of symptoms, medical examinations, or treatments. The public decision also does not detail the specific medical reasoning or expert testimony that led to the stipulation. Theory of causation field: Petitioner Leah Soos received an influenza vaccine on October 9, 2014, and subsequently alleged she suffered chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties reached a stipulation for award, agreeing to settle the issues. The Special Master adopted the stipulation, awarding $175,000 as a lump sum. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony presented by either party. The decision is based on a stipulation between petitioner Leah Soos and respondent, represented by Amy P. Kokot, and adopted by Special Master Thomas L. Gowen on June 17, 2019. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00626-0 Date issued/filed: 2019-07-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: ) regarding 69 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00626-UNJ Document 73 Filed 07/15/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 17, 2019 * * * * * * * * * * * * * * * * * * * * * LEAH SOOS, * UNPUBLISHED * * No. 16-626V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * Influenza (“flu”); Chronic Inflammatory AND HUMAN SERVICES, * Demyelinating Polyneuropathy (“CIDP”); * Stipulation for Award. Respondent. * * * * * * * * * * * * * * * * * * * * * * Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, D.C., for petitioner. Amy P. Kokot, Department of Justice, Washington, D.C., for respondent. DECISION FOR STIPULATION1 On May 26, 2016, Leah Soos (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petition at Preamble. Petitioner received an influenza (“flu”) vaccine on October 9, 2014. Id. at 4; Stipulation at ¶ 2 (ECF No. 139). Petitioner alleged that as a result of receiving the flu vaccination, she suffered chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petition at Preamble; Stipulation at ¶ 4. On June 17, 2019, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that petitioner’s alleged injuries are caused by the flu vaccine. Id. at ¶ 6. Maintaining their respective positions, the parities nevertheless now agree that the issues between them shall be 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion 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 opinion will be posted on the court’s website without any changes. 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-00626-UNJ Document 73 Filed 07/15/19 Page 2 of 7 settled and that a decision should be entered awarding compensation to petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $175,000 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 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 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 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 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