VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00638
Package ID: USCOURTS-cofc-1_16-vv-00638
Petitioner: Jake Peters
Filed: 2016-05-27
Decided: 2020-02-25
Vaccine: influenza
Vaccination date: 2014-11-24
Condition: transverse myelitis and/or neuromyelitis optica
Outcome: compensated
Award amount USD: 5827580

AI-assisted case summary:
Petitioner Jake Peters filed a petition on May 27, 2016, alleging that the influenza and human papillomavirus (HPV) vaccines he received on November 24, 2014, caused him to suffer transverse myelitis (TM) and/or neuromyelitis optica (NMO). These vaccines are listed on the Vaccine Injury Table. Peters alleged that he suffered residual effects from this injury for more than six months and that there had been no prior award or settlement of a civil action for damages on his behalf. Respondent denied that the vaccines caused or significantly aggravated his condition. The parties reached a joint stipulation for compensation, which Special Master Christian J. Moran adopted as the decision of the Court. The award included a lump sum of $3,051,275.06 for first-year life care expenses and trust seed funds, paid to City National Bank as trustee. An additional lump sum of $1,075,000.00 was awarded for lost earnings, pain and suffering, and past unreimbursable expenses, paid to petitioner. A lump sum of $701,305.48 was awarded to reimburse a State of California Medicaid lien, paid jointly to petitioner and the Department of Health Care Services. The award also included an amount sufficient to purchase an annuity contract for future damages, paid to the life insurance company from which the annuity would be purchased. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. Petitioner was represented by Jeffrey S. Pop, and Respondent was represented by Robert P. Coleman, III.

Theory of causation field:
Petitioner Jake Peters alleged that the influenza and human papillomavirus (HPV) vaccines received on November 24, 2014, caused transverse myelitis (TM) and/or neuromyelitis optica (NMO), with residual effects lasting more than six months. The vaccines are listed on the Vaccine Injury Table. Respondent denied causation or aggravation. The parties reached a stipulation for compensation, adopted by Special Master Christian J. Moran on February 25, 2020. The award included $3,051,275.06 for first-year life care expenses and trust seed funds, $1,075,000.00 for lost earnings, pain and suffering, and past unreimbursable expenses, $701,305.48 to reimburse a Medicaid lien, and an amount for a future damages annuity. Petitioner was represented by Jeffrey S. Pop, and Respondent by Robert P. Coleman, III. The public decision does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00638-0
Date issued/filed: 2020-03-24
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 02/25/2020) regarding 101 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Signed Stipulation) (hh) Service on parties made.
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Case 1:16-vv-00638-UNJ Document 105 Filed 03/24/20 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JAKE PETERS, *
* No. 16-638V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: February 25, 2020
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * human papillomavirus (“HPV”)
* vaccine; transverse myelitis (“TM”);
* neuromyelitis optica (“NMO”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner;
Robert P. Coleman, III, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On February 25, 2020, the parties filed a joint stipulation concerning the
petition for compensation filed by Jake Peters on May 27, 2016. Petitioner alleged
that the influenza (“flu”) and human papillomavirus (“HPV”) vaccines he received
on November 24, 2014, which are contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. §100.3(a), caused him to suffer transverse myelitis (“TM”)
and/or neuromyelitis optica (“NMO”). Petitioner further alleges that he suffered
the residual effects of this injury for more than six months. Petitioner represents
that there has been no prior award or settlement of a civil action for damages on his
behalf as a result of his condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:16-vv-00638-UNJ Document 105 Filed 03/24/20 Page 2 of 3
Respondent denies that the vaccines either caused or significantly
aggravated petitioner’s alleged injury or any other injury. Nevertheless, the parties
agree to the joint stipulation, attached hereto. The undersigned finds said
stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
Damages awarded in that stipulation include:
a. A lump sum payment of $3,051,275.06, which amount represents
compensation for first-year life care expenses ($642,275.06) and trust
seed funds ($2,409,000.00), in the form of a check payable to City
National Bank, a National Banking Association, as trustee of the
grantor reversionary trust established for the benefit of petitioner;
b. A lump sum of $1,075,000.00, which amount represents
compensation for lost earnings ($750,000.00), pain and suffering
($250,000.00), and past unreimbursable expenses ($75,000.00), in the
form of a check payable to petitioner;
c. A lump sum of $701,305.48, which amount represents
reimbursement of a State of California Medicaid lien for services
rendered on behalf of petitioner, in the form of a check payable
jointly to petitioner and:
Department of Health Care Services
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
DHCS Account No.: C92418798F-VAC03
Petitioner agrees to endorse this check to the State of California
Department of Health Care Services; and
d. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the joint stipulation attached hereto, paid to the life
insurance company from which the annuity will be purchased (the
“Life Insurance Company”).
This amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
2

Case 1:16-vv-00638-UNJ Document 105 Filed 03/24/20 Page 3 of 3
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 16-638V according to this decision
and the attached stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
3