VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01104 Package ID: USCOURTS-cofc-1_16-vv-01104 Petitioner: Raymond Decker Filed: 2016-09-02 Decided: 2018-04-03 Vaccine: influenza Vaccination date: 2015-10-16 Condition: transverse myelitis Outcome: compensated Award amount USD: 107500 AI-assisted case summary: Raymond Decker filed a petition on September 2, 2016, alleging that the influenza vaccine he received on October 16, 2015, caused him to suffer transverse myelitis. He 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 his condition. Despite this denial, the parties reached a joint stipulation for compensation. Special Master Christian J. Moran adopted the stipulation as the decision of the Court. The stipulation awarded Mr. Decker a lump sum payment of $107,500.00, payable to him via check, to compensate for all damages available under the National Vaccine Injury Compensation Program. The case was resolved via this stipulation, and judgment was to be entered accordingly. Franklin J. Caldwell, Jr. represented the petitioner, and Adriana R. Teitel represented the respondent. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Raymond Decker alleged that the influenza vaccine administered on October 16, 2015, caused transverse myelitis, an injury listed in the Vaccine Injury Table. Petitioner further alleged residual effects lasting more than six months. Respondent denied causation and aggravation. The parties reached a joint stipulation for compensation, which Special Master Christian J. Moran adopted. The stipulation awarded a lump sum of $107,500.00 to petitioner. Petitioner counsel was Franklin J. Caldwell, Jr., and respondent counsel was Adriana R. Teitel. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01104-0 Date issued/filed: 2018-04-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/7/2018) regarding 41 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01104-UNJ Document 45 Filed 04/03/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * RAYMOND DECKER, * * No. 16-1104V Petitioner, * Special Master Christian J. Moran * v. * Filed: March 7, 2018 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * transverse myelitis * * Respondent. * * * * * * * * * * * * * * * * * * * * * * Franklin J. Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for Petitioner; Adriana R. Teitel, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On March 7, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Raymond Decker on September 2, 2016. Petitioner alleged that the influenza (“flu”) vaccine he received on October 16, 2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer transverse myelitis. 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-01104-UNJ Document 45 Filed 04/03/18 Page 2 of 7 Respondent denies that the flu vaccine 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 $107,500.00 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 16-1104V 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-01104-UNJ Document 45 Filed 04/03/18 Page 3 of 7 Case 1:16-vv-01104-UNJ Document 45 Filed 04/03/18 Page 4 of 7 Case 1:16-vv-01104-UNJ Document 45 Filed 04/03/18 Page 5 of 7 Case 1:16-vv-01104-UNJ Document 45 Filed 04/03/18 Page 6 of 7 Case 1:16-vv-01104-UNJ Document 45 Filed 04/03/18 Page 7 of 7