VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01273 Package ID: USCOURTS-cofc-1_16-vv-01273 Petitioner: A.B. Filed: 2016-10-05 Decided: 2021-01-29 Vaccine: influenza Vaccination date: 2014-10-20 Condition: chronic inflammatory demyelinating polyneuropathy Outcome: compensated Award amount USD: 200000 AI-assisted case summary: On October 5, 2016, Staci Putnam, as Personal Representative of the Estate of A.B., filed a petition on behalf of her deceased child, A.B., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that A.B. developed chronic inflammatory demyelinating polyneuropathy (CIDP) caused by an influenza (flu) vaccination received on October 20, 2014. Petitioner further alleged that A.B. experienced residual effects of his injuries for more than six months and that there had been no prior award or settlement for damages related to A.B.'s condition or death. The respondent denied that the flu vaccine caused A.B. to suffer from CIDP or any other injury or his death. Despite the respondent's denial, the parties filed a joint stipulation on January 5, 2021, agreeing to an award of compensation. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The award included a lump sum of $100,000.00 payable to the petitioner as the legal representative of A.B.'s estate for all items of damages. An additional $100,000.00 was awarded to reimburse a Michigan Department of Health and Human Services Medicaid lien for services rendered on behalf of A.B. This latter amount was to be paid by check jointly to the petitioner and the Michigan Department of Health and Human Services. The decision was entered on January 29, 2021. Petitioner was represented by Michael G. McLaren of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Christine Mary Becer of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the CIDP. Theory of causation field: Petitioner filed a petition on behalf of A.B., alleging CIDP caused by an October 20, 2014, influenza vaccine. Petitioner alleged residual effects for more than six months and no prior award or settlement. Respondent denied causation. The parties filed a joint stipulation on January 5, 2021, agreeing to compensation. Special Master Daniel T. Horner adopted the stipulation, awarding $100,000.00 for all damages to A.B.'s estate and $100,000.00 to reimburse a Michigan Medicaid lien. The decision was entered on January 29, 2021. Petitioner's counsel was Michael G. McLaren, and respondent's counsel was Christine Mary Becer. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01273-1 Date issued/filed: 2021-01-29 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 1/5/2021) regarding 138 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made. (Main Document 142 replaced on 1/29/2021 to include stip) (sw). -------------------------------------------------------------------------------- Case 1:16-vv-01273-UNJ Document 142 Filed 01/29/21 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1273V Filed: January 5, 2021 UNPUBLISHED STACI PUTNAM, as Personal Representative of the Estate of A.B., Deceased, Joint Stipulation on Damages; Influenza (Flu) Vaccine; Chronic Petitioner, demyelinating polyneuropathy; CIDP v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On October 5, 2016, petitioner filed a petition on behalf of A.B., her deceased child, for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that A.B. developed chronic inflammatory demyelinating polyneuropathy (“CIDP”) caused by his October 20, 2014 flu vaccination. Stipulation, filed January 5, 2021, at ¶ 4. Petitioner further alleges that A.B. experienced the residual effects of his injuries for more than six months and that there has been no prior award or settlement for damages as a result of A.B.’s condition or death. Petition at 3-4; Stipulation at ¶¶ 3, 5. “Respondent denies that the flu vaccine caused A.B. to suffer from CIDP or any other injury or his death. ” Stipulation at ¶ 6. 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information the disclosure of which would constitute an unwarranted invasion of privacy. If the special master, upon review, agrees that the identified material fits within this definition, it will be redacted from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:16-vv-01273-UNJ Document 142 Filed 01/29/21 Page 2 of 8 Nevertheless, on January 5, 2021, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: a. A lump sum of $100,000.00 in the form of a check payable to petitioner, as legal representative of A.B.’s estate. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. b. A lump sum of $100,000.00 which amount represents reimbursement of a Michigan Department of Health and Human Services Medicaid lien for services rendered on behalf of A.B., in the form of a check payable jointly to petitioner and Michigan Department of Health and Human Services, and mailed to: Michigan Department of Health and Human Services Third Party Liability Division P.O. Box 30053 Lansing, MI 48909 Medicaid ID: 0025149844 Petitioner agrees to endorse this payment to the Michigan Department of Health and Human Services. Stipulation at ¶ 8. These amounts represent compensation for all items of damages that would be available under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:16-vv-01273-UNJ Document 142 Filed 01/29/21 Page 3 of 8 Case 1:16-vv-01273-UNJ Document 142 Filed 01/29/21 Page 4 of 8 Case 1:16-vv-01273-UNJ Document 142 Filed 01/29/21 Page 5 of 8 Case 1:16-vv-01273-UNJ Document 142 Filed 01/29/21 Page 6 of 8 Case 1:16-vv-01273-UNJ Document 142 Filed 01/29/21 Page 7 of 8 Case 1:16-vv-01273-UNJ Document 142 Filed 01/29/21 Page 8 of 8