VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01286
Package ID: USCOURTS-cofc-1_16-vv-01286
Petitioner: William R. Choiniere
Filed: 2016-10-06
Decided: 2017-10-10
Vaccine: influenza
Vaccination date: 2013-10-07
Condition: chronic demyelinating polyneuropathy ("CIDP")
Outcome: compensated
Award amount USD: 148000

AI-assisted case summary:
William R. Choiniere filed a petition for vaccine compensation on October 6, 2016, alleging that an influenza vaccine received on October 7, 2013, and a pneumococcal vaccine received on October 22, 2013, caused him to develop chronic demyelinating polyneuropathy (CIDP). Both vaccines are listed on the Vaccine Injury Table. Mr. Choiniere further alleged that he suffered residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused or significantly aggravated his condition, and denied that his disabilities were the result of a vaccine-related injury. Despite these denials, the parties reached a stipulation to settle the case. Special Master Christian J. Moran adopted the stipulation as the decision of the Court. The stipulation awarded Mr. Choiniere a lump sum payment of $148,000.00, payable by check to petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was entered on October 10, 2017. Petitioner was represented by Kate Gerayne Westad of Larkin Hoffman, et al., Ltd., and respondent was represented by Debra A. Filteau Begley of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, or treatments. The mechanism of injury is not detailed in the public decision.

Theory of causation field:
Petitioner William R. Choiniere received an influenza vaccine on October 7, 2013, and a pneumococcal vaccine on October 22, 2013. Both vaccines are listed on the Vaccine Injury Table. Petitioner alleged that these vaccinations caused him to develop chronic demyelinating polyneuropathy (CIDP) and that he experienced residual effects for more than six months. Respondent denied that the vaccines caused or aggravated his condition. The parties reached a stipulation for settlement, and Special Master Christian J. Moran adopted the stipulation. The stipulation awarded petitioner a lump sum of $148,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The decision date was October 10, 2017. Petitioner was represented by Kate Gerayne Westad, and respondent was represented by Debra A. Filteau Begley. The theory of causation is based on the Vaccine Injury Table, and the public decision does not detail specific medical experts, clinical findings, or the precise mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01286-0
Date issued/filed: 2017-10-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/15/2017) regarding 25 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Copy to parties.
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Case 1:16-vv-01286-UNJ Document 27 Filed 10/10/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
WILLIAM R. CHOINIERE, *
* No. 16-1286V
Petitioner, * Special Master Christian J. Moran
v. *
* Filed: September 15, 2017
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; influenza (“flu”) vaccine;
* pneumococcal vaccine; chronic
Respondent. * demyelinating polyneuropathy
8 (“CIDP”).
* * * * * * * * * * * * * * * * * * * * *
Kate Gerayne Westad, Larkin Hoffman, et al., Ltd., Minneapolis, MN, for
Petitioner;
Debra A. Filteau Begley, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On September 15, 2017, the parties filed a joint stipulation concerning the
petition for compensation filed by William R. Choiniere on October 6, 2016. In
his petition, petitioner alleged that the influenza vaccine he received on October 7,
2013, and the pneumococcal vaccine that he received on October 22, 2013, which
are both contained in the Vaccine Injury Table, 42 C.F.R. §100.3(a), caused him to
suffer chronic demyelinating polyneuropathy. 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-01286-UNJ Document 27 Filed 10/10/17 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 $148,000.00 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 16-1286V 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-01286-UNJ Document 27 Filed 10/10/17 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
WILLIAM R. CHOINIERE, *
*
Petitioner, * No. 16-1286V
* SPECIAL MASTER
v. * CHRISTIAN MORAN
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner filed a petition for vaccine compensation under the National Vaccine
Injury Compensation Program, 42 U.S.C. § 300aa-I 0 to 34 (the "Vaccine Program"). The
petition seeks compensation for injuries allegedly related to petitioner's receipt of influenza
("'flu") and pneumococcal vaccines, which vaccines are contained in the Vaccine Injury Table
(the "Table"), 42 C.F.R. § I 00.3 (a).
2. Petitioner received a nu vaccine on October 7, 2013, and a pneumococcal vaccine
on October 22, 2013.
3. These vaccines were administered within the United States.
4. Petitioner alleges that he developed chronic inflammatory demyelinating
polyneuropathy ("CIDP") that was caused-in-fact by a flu vaccine administered on October 7,
2013, and/or a pneumococcal vaccine administered on October 22, 2013, and that he experienced
residual effects of this injury for more than six months.

Case 1:16-vv-01286-UNJ Document 27 Filed 10/10/17 Page 4 of 7
5. 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.
6. Respondent denies that petitioner's alleged CIDP, or any other injury, was
caused-in-fact by his flu and/or pneumococcal vaccinations.
7. Maintaining their above-stated positions, the parties nevertheless now agree that
the issues between them sha l I be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A Jump sum of $148,000.00 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).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 I (a)( I), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I 0. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa- I 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
2

Case 1:16-vv-01286-UNJ Document 27 Filed 10/10/17 Page 5 of 7
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
1 1. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys' fees, litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-l 0 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, a flu vaccination administered on October 7. 2013 and/or
a pneumococcal vaccine administered on October 22, 2013, as alleged by petitioner in a petition
for vaccine compensation filed on or about October 6, 2016, in the United States Court of
Federal Claims as petition No. 16-1286V.
3

Case 1:16-vv-01286-UNJ Document 27 Filed 10/10/17 Page 6 of 7
14. If petitioner should die prior to entry ofj udgment, this agreement shall be
voidable upon proper notice to the Court on behal fof either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the
terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity
with a decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a fu 11 and complete negotiated settlement of Ii abi lity
and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended,
except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of
the parties hereto to make any payment or to do any act or thing other than is herein expressly
stated and clearly agreed to. The parties further agree and understand that the award described in
this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that petitioner's alleged CIDP, or any other condition,
was caused-in-fact by his flu and/or pneumococcal vaccinations.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:16-vv-01286-UNJ Document 27 Filed 10/10/17 Page 7 of 7
Respectfully submitted,
PETITIONER: ~ .
~ £ ~
WILLIAM R. CHOINIERE
FOR AUTHORIZED REPRESENTATIVE
0 THE ATTORNEY GENERAL:
INE E. REEVES
Larkin o an Daly Lindgren Ltd. Director
8300 Norman Center Drj_ye, Suite I0 00 To1ts Branch
Minneapolis, MN 55437-1060 Civil Division
(952) 896-3227 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
ATTORNEY OF RECORD FOR
RESPONDENT:
A~
BRAA. FILT
Director Trial Attorney
Division of Injury Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
5600 Fishers Lane P.O. Box 146
Parklawn Building, Mail Stop 08N146B Benjamin Franklin Station
Rockville, MD 20857 Washington, DC 20044-0146
(202) 616-4181 .
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Dated:
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