VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00504
Package ID: USCOURTS-cofc-1_17-vv-00504
Petitioner: Eric Lee
Filed: 2018-11-28
Decided: 2018-11-28
Vaccine: influenza
Vaccination date: 2015-10-08
Condition: Bell's palsy
Outcome: compensated
Award amount USD: 85500

AI-assisted case summary:
Eric Lee filed a petition alleging that he suffered from Bell's palsy caused by his receipt of an influenza vaccine on October 8, 2015. He further alleged that he experienced residual effects of this injury for more than six months. The respondent denied that the flu vaccine caused petitioner to suffer Bell's palsy or any other injury. Despite the denial, the parties agreed to resolve the matter through a stipulation. Special Master Laura D. Millman found the terms of the stipulation to be reasonable and adopted them. Pursuant to the stipulation, the court awarded Eric Lee a lump sum of $85,500.00, representing compensation for all damages available under the law. The award was to be paid as a check made payable to the petitioner. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. Petitioner counsel was Danielle A. Strait, and respondent counsel was Christine M. Becer.

Theory of causation field:
Petitioner alleged Bell's palsy caused by an influenza vaccine received on October 8, 2015, with residual effects lasting more than six months. Respondent denied causation. The parties resolved the matter via stipulation. The Special Master adopted the stipulation, awarding $85,500.00. The public decision does not detail the specific theory of causation, mechanism, expert testimony, or medical evidence presented. The case was handled by Special Master Laura D. Millman, with petitioner represented by Danielle A. Strait and respondent by Christine M. Becer. The decision date was November 28, 2018.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00504-0
Date issued/filed: 2018-12-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/28/2018) regarding 39 DECISION Stipulation/Proffer. Signed by Special Master Laura D. Millman. (et) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00504-UNJ Document 43 Filed 12/28/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-504V
Filed: November 28, 2018
Not to be Published
*************************************
ERIC LEE, *
*
*
Damages based on stipulation;
Petitioner, *
influenza (“flu”) vaccine; Bell’s
*
palsy
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Danielle A. Strait, Seattle, WA, for petitioner.
Christine M. Becer, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On November 28, 2018, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that he suffered from
Bell’s palsy that was caused by his receipt of influenza (“flu”) vaccine on October 8, 2015. He
further alleges that he experienced the residual effects of this injury for more than six months.
Respondent denies that the flu vaccine caused petitioner to suffer Bell’s palsy or any other
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’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). This means the decision will be available to anyone with access to the
Internet. 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. 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-00504-UNJ Document 43 Filed 12/28/18 Page 2 of 7
injury. Nonetheless, the parties agreed to resolve this matter informally.
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
$85,500.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a). The award shall be in the form of a check for $85,500.00 made payable to
petitioner.
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 28, 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-00504-UNJ Document 43 Filed 12/28/18 Page 3 of 7

Case 1:17-vv-00504-UNJ Document 43 Filed 12/28/18 Page 4 of 7

Case 1:17-vv-00504-UNJ Document 43 Filed 12/28/18 Page 5 of 7

Case 1:17-vv-00504-UNJ Document 43 Filed 12/28/18 Page 6 of 7

Case 1:17-vv-00504-UNJ Document 43 Filed 12/28/18 Page 7 of 7