VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00959 Package ID: USCOURTS-cofc-1_17-vv-00959 Petitioner: Jamie Gardner Filed: 2017-07-17 Decided: 2021-04-07 Vaccine: influenza Vaccination date: 2015-09-22 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 607511 AI-assisted case summary: Jamie Gardner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging injury from the influenza vaccine received on September 22, 2015. Gardner claimed to have developed chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of the vaccination and that the effects lasted for more than six months. The influenza vaccine is listed on the Vaccine Injury Table, meaning Gardner's claim was presumed to be caused by the vaccine if the condition met the Table's criteria. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the CIDP or any other injury. Despite maintaining their respective positions on causation, the parties entered into a stipulation to settle the case. The stipulation provided for an award of compensation to Gardner. Special Master Gowen adopted the stipulation, awarding Gardner a lump sum of $607,511.67 for first-year life care expenses, lost earnings, and pain and suffering. An additional amount was awarded to purchase an annuity contract. This award represents compensation for all damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00959-0 Date issued/filed: 2021-04-07 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 2/17/21) regarding 84 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00959-UNJ Document 86 Filed 04/07/21 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 17, 2021 * * * * * * * * * * * * * JAMIE GARDNER, * UNPUBLISHED * Petitioner, * No. 17-959V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation; Influenza (Flu); AND HUMAN SERVICES, * Chronic Inflammatory * Demyelinating Polyneuropathy Respondent. * (CIDP). * * * * * * * * * * * * * Lawrence R. Cohan, Saltz Mongeluzzi & Bendesky, Philadelphia, PA, for petitioner. Christine M. Becer, United States Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On July 17, 2017, Jamie Gardner (“petitioner”) filed a petition for compensation within the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). The petition seeks compensation for injuries allegedly related to petitioner’s receipt of the influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner received the flu vaccination on September 22, 2015. The vaccination was administered within the United States. Petitioner alleges that she suffered from chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of receiving the vaccine, and that she experienced the residual effects of this injury for more than six months. 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The Court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is posted on the Court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). An objecting party must provide the Court with a proposed redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the Court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:17-vv-00959-UNJ Document 86 Filed 04/07/21 Page 2 of 10 On February 17, 2021, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 83). Respondent denies that the flu vaccine caused petitioner to suffer from CIDP or any other injury or her current condition. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards the following: a) A lump sum of $607,511.67, which amount represents compensation for first-year life care expenses, lost earnings, and pain and suffering in the form of a check payable to petitioner. b) An amount sufficient to purchase the annuity contract described in the stipulation at paragraph 10, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the stipulation as the decision of the Court and hereby award compensation in the amount and on the terms set forth therein. Accordingly, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:17-vv-00959-UNJ Document 86 Filed 04/07/21 Page 3 of 10 Case 1:17-vv-00959-UNJ Document 86 Filed 04/07/21 Page 4 of 10 Case 1:17-vv-00959-UNJ Document 86 Filed 04/07/21 Page 5 of 10 Case 1:17-vv-00959-UNJ Document 86 Filed 04/07/21 Page 6 of 10 Case 1:17-vv-00959-UNJ Document 86 Filed 04/07/21 Page 7 of 10 Case 1:17-vv-00959-UNJ Document 86 Filed 04/07/21 Page 8 of 10 Case 1:17-vv-00959-UNJ Document 86 Filed 04/07/21 Page 9 of 10 Case 1:17-vv-00959-UNJ Document 86 Filed 04/07/21 Page 10 of 10