VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00302 Package ID: USCOURTS-cofc-1_17-vv-00302 Petitioner: Edwin J. Smith Filed: 2017-03-03 Decided: 2019-01-23 Vaccine: influenza Vaccination date: 2014-10-02 Condition: brachial plexopathy Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Petitioner Edwin J. Smith filed a petition for compensation on March 3, 2017, alleging that the influenza vaccine he received on October 2, 2014, caused him to suffer neurological injuries, specifically brachial plexopathy. The influenza vaccine is listed on the Vaccine Injury Table, and Mr. Smith alleged that he suffered residual effects from this injury for more than six months. Respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated his injury. Despite this denial, the parties filed a joint stipulation agreeing to a settlement. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Mr. Smith was awarded a lump sum payment of $75,000.00, payable by check to the petitioner, as compensation for all damages. The decision was filed on January 23, 2019. Petitioner was represented by David C. Richards of Christensen & Jensen, P.C., and Respondent was represented by Camille Collett of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury is not detailed in the public decision. Theory of causation field: Petitioner Edwin J. Smith alleged that the influenza vaccine received on October 2, 2014, caused brachial plexopathy, a condition listed on the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for settlement. The Special Master adopted the stipulation as the decision of the Court. Petitioner was awarded $75,000.00 as compensation for all damages. The public decision does not name specific medical experts, detail the mechanism of injury, or describe the clinical course, diagnostic findings, or treatments. The theory of causation relied upon the Vaccine Injury Table. Special Master Christian J. Moran issued the decision on January 23, 2019. Petitioner's counsel was David C. Richards, and Respondent's counsel was Camille Collett. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00302-0 Date issued/filed: 2019-02-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/30/2019) regarding 38 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (MRG) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00302-UNJ Document 42 Filed 02/26/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * EDWIN J. SMITH, * * No. 17-302V Petitioner, * Special Master Christian J. Moran * v. * Filed: January 30, 2019 * SECRETARY OF HEALTH * Stipulation; flu vaccine; AND HUMAN SERVICES, * brachial plexopathy. * * Respondent. * * * * * * * * * * * * * * * * * * * * * * David C. Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner; Camille Collett, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On January 23, 2019, the parties filed a joint stipulation concerning the petition for compensation filed by Edwin Smith on March 3, 2017. Petitioner alleged that the influenza (“flu”) vaccine he received on October 2, 2014, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer neurological injuries including brachial plexopathy. 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. 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. 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 1:17-vv-00302-UNJ Document 42 Filed 02/26/19 Page 2 of 7 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 $75,000.00 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 17-302V 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 1:17-vv-00302-UNJ Document 42 Filed 02/26/19 Page 3 of 7 Case 1:17-vv-00302-UNJ Document 42 Filed 02/26/19 Page 4 of 7 Case 1:17-vv-00302-UNJ Document 42 Filed 02/26/19 Page 5 of 7 Case 1:17-vv-00302-UNJ Document 42 Filed 02/26/19 Page 6 of 7 Case 1:17-vv-00302-UNJ Document 42 Filed 02/26/19 Page 7 of 7