VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00689 Package ID: USCOURTS-cofc-1_16-vv-00689 Petitioner: Elizabeth Weeks Blake Filed: 2016-06-13 Decided: 2017-07-18 Vaccine: influenza Vaccination date: 2014-11-20 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 255208.81 AI-assisted case summary: Elizabeth Weeks Blake filed a petition on June 13, 2016, alleging that she developed chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of an influenza vaccine she received on November 20, 2014. She further alleged that she experienced residual effects from this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her CIDP or any other injury. However, both parties agreed to settle the case. A stipulation was filed on June 16, 2017, agreeing that the issues could be resolved through a settlement. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable. The decision awarded Elizabeth Weeks Blake a lump sum of $247,540.47 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract was awarded. This award compensates for all damages available under Section 15(a) of the National Vaccine Injury Compensation Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00689-0 Date issued/filed: 2017-07-18 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 06/19/2017) regarding 26 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (sb) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00689-UNJ Document 27 Filed 07/18/17 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-689V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * ELIZABETH WEEKS BLAKE, * Special Master Corcoran * Petitioner, * Filed: June 19, 2017 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; AND HUMAN SERVICES, * Chronic Inflammatory Demyelinating * Polyneuropathy (“CIDP”). Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * James R. Snell, Law Office of James R. Snell, Jr., LLC, Lexington, SC, for Petitioner. Darryl R. Wishard, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 13, 2016, Elizabeth Weeks Blake filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 The petition alleges that she suffered from chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of her November 20, 2014, influenza (“flu”) vaccine. Petitioner further alleges that she 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-00689-UNJ Document 27 Filed 07/18/17 Page 2 of 10 Respondent denies that the flu vaccine caused Petitioner’s CIDP or any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on June 16, 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 $247,540.47 in the form of a check payable to Petitioner, which represents compensation for first year life care expenses ($4,872.00), lost earnings ($40,000.00), pain and suffering ($195,000.00), and past unreimbursable expenses ($7,668.47); and  An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation, paid to the life insurance company from which the annuity will be purchased. 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 Case 1:16-vv-00689-UNJ Document 27 Filed 07/18/17 Page 3 of 10 Case 1:16-vv-00689-UNJ Document 27 Filed 07/18/17 Page 4 of 10 Case 1:16-vv-00689-UNJ Document 27 Filed 07/18/17 Page 5 of 10 Case 1:16-vv-00689-UNJ Document 27 Filed 07/18/17 Page 6 of 10 Case 1:16-vv-00689-UNJ Document 27 Filed 07/18/17 Page 7 of 10 Case 1:16-vv-00689-UNJ Document 27 Filed 07/18/17 Page 8 of 10 Case 1:16-vv-00689-UNJ Document 27 Filed 07/18/17 Page 9 of 10 Case 1:16-vv-00689-UNJ Document 27 Filed 07/18/17 Page 10 of 10