VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00938 Package ID: USCOURTS-cofc-1_16-vv-00938 Petitioner: Greg Averitt Filed: 2016-08-04 Decided: 2018-09-06 Vaccine: influenza Vaccination date: 2014-10-14 Condition: acute disseminated encephalomyelitis Outcome: compensated Award amount USD: 410000 AI-assisted case summary: Greg Averitt filed a petition for compensation on August 4, 2016, alleging that the influenza vaccine he received on October 14, 2014, caused him to suffer from acute disseminated encephalomyelitis (ADEM). He further alleged that the residual effects of this injury lasted for more than six months. The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied that the vaccine caused or significantly aggravated petitioner's alleged injury or any other injury, and denied that petitioner's current disabilities were the result of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation. Special Master Christian J. Moran adopted the stipulation as the decision of the Court. The stipulation awarded Greg Averitt a lump sum payment of $410,000.00, payable by check to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was filed on March 30, 2018, and entered on September 6, 2018. Petitioner was represented by Isaiah R. Kalinowski of Maglio Christopher and Toale, PA, and respondent was represented by Mallori B. Openchowksi of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. The decision is unpublished, with parties having 14 days to propose redactions. Theory of causation field: Petitioner Greg Averitt alleged that an influenza vaccine received on October 14, 2014, caused acute disseminated encephalomyelitis (ADEM), with residual effects lasting more than six months. The vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in an award of $410,000.00 as compensation for all damages. The decision date was September 6, 2018. Petitioner's counsel was Isaiah R. Kalinowski, and respondent's counsel was Mallori B. Openchowksi. The public decision does not detail the specific mechanism of injury, expert testimony, or the factual basis for the stipulation beyond the parties' agreement. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00938-0 Date issued/filed: 2018-09-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/30/2018) regarding 48 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00938-UNJ Document 63 Filed 09/06/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * GREG AVERITT, * * No. 16-938V Petitioner, * Special Master Christian J. Moran * v. * Filed: March 30, 2018 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * acute disseminated encephalomyelitis * (“ADEM”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * Isaiah R. Kalinowski, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner; Mallori B. Openchowksi, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On March 28, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Greg Averitt on August 4, 2016. Petitioner alleged that the influenza (“flu”) vaccine he received on October 14, 2014, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer from acute disseminated encephalomyelitis. 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-00938-UNJ Document 63 Filed 09/06/18 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 $410,000.00 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 16-938V 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-00938-UNJ Document 63 Filed 09/06/18 Page 3 of 7 Case 1:16-vv-00938-UNJ Document 63 Filed 09/06/18 Page 4 of 7 Case 1:16-vv-00938-UNJ Document 63 Filed 09/06/18 Page 5 of 7 Case 1:16-vv-00938-UNJ Document 63 Filed 09/06/18 Page 6 of 7 Case 1:16-vv-00938-UNJ Document 63 Filed 09/06/18 Page 7 of 7