VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01154
Package ID: USCOURTS-cofc-1_16-vv-01154
Petitioner: Edward B. Makstell
Filed: 2018-02-26
Decided: 2018-04-02
Vaccine: influenza
Vaccination date: 2013-09-18
Condition: encephalopathy
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
On September 16, 2016, Lloyd Makstell and Nadine Makstell Whitsett, as legal representatives of the estate of Edward B. Makstell, deceased, filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that Mr. Makstell suffered from encephalopathy and related sequelae as a result of receiving an influenza ("flu") vaccine on September 18, 2013, which ultimately led to his death. The respondent denied that the flu vaccine caused Mr. Makstell's encephalopathy or his death. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on February 26, 2018. Special Master Brian H. Corcoran reviewed the file and concluded that the parties' stipulation was reasonable, adopting it as the decision in the case. The stipulation awarded a lump sum of $200,000.00, payable to the Petitioners as legal representatives of the Estate of Edward B. Makstell, as compensation for all damages available under Section 15(a) of the Act. The decision was entered on April 2, 2018. The public decision is not to be published but will be available on the Court of Federal Claims' website, with parties having fourteen days to request redaction of confidential information.

Theory of causation field:
Petitioners alleged that Edward B. Makstell suffered from encephalopathy and related sequelae as a result of his September 18, 2013, influenza vaccine, which ultimately led to his death. Respondent denied that the vaccine caused the encephalopathy or death. The parties reached a settlement through a stipulation filed on February 26, 2018. Special Master Brian H. Corcoran adopted the stipulation as his decision, awarding $200,000.00 as compensation for all damages. The decision was entered on April 2, 2018. The specific medical mechanism, expert testimony, or detailed clinical facts supporting the alleged causation were not described in the public decision, as the case was resolved by stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01154-0
Date issued/filed: 2018-04-02
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 2/26/2018) Regarding 26 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:16-vv-01154-UNJ Document 28 Filed 04/02/18 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1154V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
LLOYD MAKSTELL and NADINE *
MAKSTELL WHITSETT, as Legal *
Representative of the Estate of EDWARD * Special Master Corcoran
B. MAKSTELL, Deceased, *
*
Petitioners, * Filed: February 26, 2018
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; Encephalopathy;
AND HUMAN SERVICES, * Death.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Otwell Sayers Rankin, B. Dahlenburg Bonar P.S.C, Covington, KY, for Petitioner.
Ryan Daniel Pyles, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 16, 2016, Lloyd Makstell and Nadine Makstell Whitsett filed a petition, on
behalf of Edward Makstell, deceased, seeking compensation under the National Vaccine Injury
Compensation Program (“Vaccine Program”).2 Petitioners allege that Mr. Makstell suffered from
encephalopathy and related sequelae as a result of his September 18, 2013, influenza (“flu”)
vaccine, which ultimately led to his death.
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-01154-UNJ Document 28 Filed 04/02/18 Page 2 of 8
Respondent denies that the flu vaccine caused Mr. Makstell’s encephalopathy or his death.
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed on February 26, 2018) 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 $200,000.00, in the form of a check payable to Petitioners, as legal
representatives of the Estate of Edward B. Makstell.
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

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