VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00444
Package ID: USCOURTS-cofc-1_17-vv-00444
Petitioner: E.L.
Filed: 2017-03-28
Decided: 2018-05-23
Vaccine: influenza
Vaccination date: 2015-10-22
Condition: acute disseminated encephalomyelitis
Outcome: compensated
Award amount USD: 130000

AI-assisted case summary:
Kerry and Benjamin Leigh, parents of E.L., a minor, filed a petition on March 28, 2017, alleging that an influenza vaccine administered to E.L. on October 22, 2015, caused acute disseminated encephalomyelitis (ADEM). They further alleged that E.L. suffered residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused E.L.'s ADEM or any other injury. Despite the respondent's denial, the parties reached a joint stipulation for compensation. Special Master Christian J. Moran reviewed and adopted the stipulation as the decision of the Court. The stipulation awarded a lump sum of $8,000.00, payable to the petitioners, for past unreimbursable expenses. Additionally, a lump sum payment of $122,000.00, payable to the petitioners as guardians/conservators of E.L.'s estate, was awarded as compensation for all other damages. The total award amounted to $130,000.00. The case was resolved via stipulation and award. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. The names of petitioner counsel were Ronald C. Homer and Christina M. Ciampolillo of Conway Homer, P.C., and respondent counsel was Daniel A. Principato of the United States Department of Justice.

Theory of causation field:
Petitioners alleged that the influenza vaccine administered on October 22, 2015, caused E.L. to suffer acute disseminated encephalomyelitis (ADEM), a condition listed in the Vaccine Injury Table. Petitioners further alleged that E.L. suffered residual effects for more than six months. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation awarded $8,000.00 for past unreimbursable expenses and $122,000.00 for all other damages, totaling $130,000.00. The public decision does not detail the specific medical mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. The theory of causation is based on the Vaccine Injury Table, as indicated by the stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00444-0
Date issued/filed: 2018-05-23
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 4/27/2018) regarding 42 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made.
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Case 1:17-vv-00444-UNJ Document 46 Filed 05/23/18 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
KERRY LEIGH and BENJAMIN *
LEIGH, parents of E.L., a minor, *
* No. 17-444V
Petitioners, * Special Master Christian J. Moran
*
v. * Filed: April 27, 2018
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * acute disseminated encephalomyelitis
* (“ADEM”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer & Christina M. Ciampolillo, Conway Homer, P.C., Boston, MA,
for Petitioner;
Daniel A. Principato, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On April 26, 2018, the parties filed a joint stipulation concerning the petition
for compensation filed by Kerry and Benjamin Leigh on behalf of their child, E.L.,
on March 28, 2017. Petitioners alleged that the influenza (“flu”) vaccine received
by E.L. on October 22, 2015, which is contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. §100.3(a), caused E.L. to suffer acute disseminated
encephalomyelitis. Petitioners further allege that E.L. suffered the residual effects
of this injury for more than six months. Petitioners represent that there has been no
prior award or settlement of a civil action for damages on behalf of E.L. as a result
of E.L.’s 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 1:17-vv-00444-UNJ Document 46 Filed 05/23/18 Page 2 of 8
Respondent denies that the influenza vaccine caused E.L. to suffer acute
disseminated encephalomyelitis, or any other 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. A lump sum of $8,000.00 in the form of a check payable to
petitioners for full satisfaction of past unreimbursable expenses.
b. A lump sum payment of $122,000.00 in the form of a check payable
to petitioners, as guardians/conservators of E.L.’s estate. 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 17-444V 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

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