VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00411 Package ID: USCOURTS-cofc-1_17-vv-00411 Petitioner: Rose Johnson Filed: 2018-11-08 Decided: 2018-11-08 Vaccine: influenza Vaccination date: 2014-10-09 Condition: chronic myopericarditis Outcome: compensated Award amount USD: 147489 AI-assisted case summary: Rose Johnson, an adult, filed a petition on November 8, 2018, alleging that she developed chronic myopericarditis as a result of receiving an influenza vaccine on October 9, 2014. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition. Despite the denial, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding petitioner Rose Johnson a lump sum of $147,489.79. This amount represents reimbursement for all damages available under the National Vaccine Injury Compensation Program. The decision was issued on November 8, 2018. Petitioner was represented by Amber D. Wilson, and respondent was represented by Lara A. Englund. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner Rose Johnson alleged that her October 9, 2014 influenza vaccine caused her chronic myopericarditis. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The award was a lump sum of $147,489.79, representing all damages available under 42 U.S.C. § 300aa-15(a). Special Master Laura D. Millman issued the decision on November 8, 2018. Petitioner's counsel was Amber D. Wilson, and respondent's counsel was Lara A. Englund. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00411-0 Date issued/filed: 2018-12-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/08/2018) regarding 39 DECISION Stipulation/Proffer. Signed by Special Master Laura D. Millman. (et) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00411-UNJ Document 42 Filed 12/03/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-411V Filed: November 8, 2018 Not for Publication ************************************* ROSE JOHNSON, * * Petitioner, * * * Damages decision based on stipulation; v. * influenza (flu) vaccine; chronic * myopericarditis SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Amber D. Wilson, Washington, DC, for petitioner. Lara A. Englund, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On November 8, 2018, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered chronic myopericarditis that was caused by her October 9, 2014 receipt of influenza (“flu”) vaccine. Respondent denies that the flu vaccine caused petitioner’s chronic myopericarditis or any other injury. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. This means the decision will be available to anyone with access to the Internet. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:17-vv-00411-UNJ Document 42 Filed 12/03/18 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $147,489.79, representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check payable to petitioner in the amount of $147,489.79. 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.2 IT IS SO ORDERED. Dated: November 8, 2018 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:17-vv-00411-UNJ Document 42 Filed 12/03/18 Page 3 of 7 Case 1:17-vv-00411-UNJ Document 42 Filed 12/03/18 Page 4 of 7 Case 1:17-vv-00411-UNJ Document 42 Filed 12/03/18 Page 5 of 7 Case 1:17-vv-00411-UNJ Document 42 Filed 12/03/18 Page 6 of 7 Case 1:17-vv-00411-UNJ Document 42 Filed 12/03/18 Page 7 of 7