VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01204 Package ID: USCOURTS-cofc-1_16-vv-01204 Petitioner: Frederick Stahl Filed: 2016-09-27 Decided: 2017-08-17 Vaccine: influenza Vaccination date: 2015-11-12 Condition: Bell's palsy Outcome: compensated Award amount USD: 85000 AI-assisted case summary: Frederick Stahl filed a petition on September 27, 2016, seeking compensation under the National Vaccine Injury Compensation Program. Mr. Stahl alleged that he suffered from Bell's palsy as a result of receiving influenza and Tetanus-diphtheria-acellular-pertussis (Tdap) vaccines on November 12, 2015. He further alleged that he experienced residual effects from the condition for more than six months. The respondent denied that the vaccines caused Mr. Stahl's Bell's palsy or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation, which was filed on June 28, 2017. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the court's decision. The stipulation awarded Mr. Stahl a lump sum of $85,000.00, payable by check to the petitioner, as compensation for all damages. The court approved this award and directed the clerk to enter judgment. Alison H. Haskins represented the petitioner, and Christine M. Becer represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner Frederick Stahl alleged that he suffered Bell's palsy as a result of receiving influenza and Tdap vaccines on November 12, 2015, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation for settlement, approved by Special Master Brian H. Corcoran on August 17, 2017. The stipulation awarded a lump sum of $85,000.00 to Petitioner. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused the injury. Attorneys for Petitioner were Alison H. Haskins and for Respondent was Christine M. Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01204-0 Date issued/filed: 2017-08-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/28/2017) regarding 17 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (sb) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-01204-UNJ Document 25 Filed 08/17/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1204V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * FREDERICK STAHL, * * Special Master Corcoran * Petitioner, * Filed: June 28, 2017 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; AND HUMAN SERVICES, * Tetanus-diphtheria-acellular pertussis * (“Tdap”); Bell’s palsy. Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Alison H. Haskins, Maglio Christopher and Toale, Sarasota, FL, for Petitioner. Christine M. Becer, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 27, 2016, Frederick Stahl filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he suffered from Bell’s palsy, as a result of his November 12, 2015, influenza (“flu”) and Tetanus- diphtheria-acellular-pertussis (“Tdap”) vaccines. Petitioner further alleges that he 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-01204-UNJ Document 25 Filed 08/17/17 Page 2 of 7 Respondent denies that the flu or Tdap vaccines caused Petitioner’s Bell’s palsy or any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on June 28, 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 $85,000.00 in the form of a check payable to Petitioner. 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-01204-UNJ Document 25 Filed 08/17/17 Page 3 of 7 Case 1:16-vv-01204-UNJ Document 25 Filed 08/17/17 Page 4 of 7 Case 1:16-vv-01204-UNJ Document 25 Filed 08/17/17 Page 5 of 7 Case 1:16-vv-01204-UNJ Document 25 Filed 08/17/17 Page 6 of 7 Case 1:16-vv-01204-UNJ Document 25 Filed 08/17/17 Page 7 of 7