VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00732 Package ID: USCOURTS-cofc-1_16-vv-00732 Petitioner: Lavon H. Drake Filed: 2016-06-22 Decided: 2018-04-26 Vaccine: influenza Vaccination date: 2014-10-15 Condition: paresthesia and cervical/cranial dystonia Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Lavon H. Drake filed a petition for compensation on June 22, 2016, alleging that the influenza vaccine he received on October 15, 2014, caused him to suffer neurological symptoms, including paresthesia and cervical/cranial dystonia. Mr. Drake further alleged that he experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or significantly aggravated the petitioner's alleged injury or any other injury, and denied that Mr. Drake's current disabilities were the result of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation for compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr. Drake a lump sum payment of $35,000.00, payable by check to the petitioner. This amount is intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). The decision directed the clerk to enter judgment according to the decision and stipulation, barring any motion for review. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. The attorneys involved were Nancy R. Meyers for the Petitioner and Traci R. Patton for the Respondent. Theory of causation field: Petitioner Lavon H. Drake received an influenza vaccine on October 15, 2014. He alleged that this vaccine caused him to suffer neurological symptoms, including paresthesia and cervical/cranial dystonia, with residual effects lasting more than six months. The injury is listed in the Vaccine Injury Table, and the case proceeded as a Table claim. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation awarded a lump sum of $35,000.00 to Petitioner. The public text does not detail the specific mechanism of injury, expert testimony, or the specific evidence considered beyond the stipulation. The decision date was April 26, 2018. Petitioner's counsel was Nancy R. Meyers, and Respondent's counsel was Traci R. Patton. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00732-0 Date issued/filed: 2018-04-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/30/2018) regarding 69 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00732-UNJ Document 74 Filed 04/26/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * LAVON H. DRAKE, * * No. 16-732V Petitioner, * Special Master Christian J. Moran * v. * Filed: March 30, 2018 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * paresthesia; cervical/cranial dystonia * * Respondent. * * * * * * * * * * * * * * * * * * * * * * Nancy R. Meyers, Ward Black Law, Greensboro, NC, for Petitioner; Traci R. Patton, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On March 27, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Lavon Drake on June 22, 2016. Petitioner alleged that the influenza (“flu”) vaccine he received on October 15, 2014, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer neurological symptoms, including paresthesia and cervical/cranial dystonia. 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-00732-UNJ Document 74 Filed 04/26/18 Page 2 of 7 Respondent denies that the vaccines either caused or significantly aggravated petitioner’s alleged injury or any other injury, and denies that petitioner's current disabilities are the result of a vaccine-related 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 lump sum payment of $35,000.00 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). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 16-732V 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. 2 Case 1:16-vv-00732-UNJ Document 74 Filed 04/26/18 Page 3 of 7 Case 1:16-vv-00732-UNJ Document 74 Filed 04/26/18 Page 4 of 7 Case 1:16-vv-00732-UNJ Document 74 Filed 04/26/18 Page 5 of 7 Case 1:16-vv-00732-UNJ Document 74 Filed 04/26/18 Page 6 of 7 Case 1:16-vv-00732-UNJ Document 74 Filed 04/26/18 Page 7 of 7