VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00782
Package ID: USCOURTS-cofc-1_17-vv-00782
Petitioner: Pamela Kirby
Filed: 2017-06-12
Decided: 2022-04-18
Vaccine: influenza
Vaccination date: 
Condition: multiple sclerosis and Chronic Inflammatory Demyelinating Polyneuropathy
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
Pamela Kirby filed a petition for compensation under the National Vaccine Injury Compensation Program on June 12, 2017, alleging that she suffered multiple sclerosis (MS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of an influenza vaccine. The petition stated that the vaccine was administered in the United States, that she experienced residual effects of her condition for more than six months, and that there had been no prior award or settlement of a civil action for damages. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged MS and/or CIDP and their residual effects, or any other injury or current condition. Despite the denial, on March 22, 2022, the parties filed a joint stipulation agreeing to an award of compensation. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable. As a result, Special Master Horner awarded Pamela Kirby a lump sum of $200,000.00, payable by check to the petitioner, as compensation for all items of damages. The decision was issued on April 18, 2022. Joseph Vuckovich represented the petitioner, and Camille Collett represented the respondent. The public decision does not describe the specific date of vaccination, the petitioner's age at vaccination, the onset of symptoms, specific clinical details, or any medical experts.

Theory of causation field:
Petitioner Pamela Kirby alleged that she suffered multiple sclerosis (MS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of an influenza vaccine. The respondent denied that the flu vaccine caused these conditions. The parties filed a joint stipulation on March 22, 2022, agreeing to compensation. Special Master Daniel T. Horner found the stipulation reasonable and awarded a lump sum of $200,000.00 on April 18, 2022. The public decision does not detail the specific theory of causation, mechanism of injury, or any medical experts. Petitioner was represented by Joseph Vuckovich, and respondent was represented by Camille Collett.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00782-0
Date issued/filed: 2022-04-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/22/2022) regarding 68 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (mly) Service on parties made.
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Case 1:17-vv-00782-UNJ Document 72 Filed 04/18/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-782V
Filed: March 22, 2022
UNPUBLISHED
PAMELA KIRBY,
Petitioner,
Joint Stipulation on Damages;
v.
Influenza (“Flu”) vaccine; Multiple
sclerosis (“MS”); Chronic
SECRETARY OF HEALTH AND
Inflammatory Demyelinating
HUMAN SERVICES,
Polyneuropathy (“CIDP”)
Respondent.
Joseph Vuckovich, Maglio Christopher & Toale, Washington, DC, for petitioner.
Camille Collett , U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On June 12, 2017, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that she suffered multiple sclerosis (“MS”) and Chronic
Inflammatory Demyelinating Polyneuropathy (“CIDP”). Petition at 2; Stipulation, filed
March 22, 2022, at ¶ 4. Petitioner further alleges that she has experienced the residual
effects of her condition for more than six months, that there has been no prior award or
settlement of a civil action for damages as a result of her condition, and that her vaccine
was administered in the United States. Petition at 2; Stipulation at ¶¶ 3-5. “Respondent
denies that petitioner’s alleged MS and/or CIDP and their residual effects were caused-
in-fact by her flu vaccine. Respondent further denies that the flu vaccine caused
petitioner any other injury or her current condition. ” Stipulation at ¶ 6.
Nevertheless, on March 22, 2022, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the decision will be available to anyone with access to the
Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact
medical or other information the disclosure of which would constitute an unwarranted invasion of privacy.
If the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:17-vv-00782-UNJ Document 72 Filed 04/18/22 Page 2 of 7
reasonable and adopt it as the decision of the Court in awarding damages, on the terms
set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $200,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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