VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01017 Package ID: USCOURTS-cofc-1_17-vv-01017 Petitioner: Michael Anderson Filed: 2017-07-28 Decided: 2020-01-30 Vaccine: influenza Vaccination date: 2015-11-17 Condition: dermatomyositis Outcome: compensated Award amount USD: 50527 AI-assisted case summary: Michael Anderson filed a petition for compensation under the National Vaccine Injury Compensation Program on July 28, 2017. He alleged that he developed dermatomyositis after receiving the influenza and Tdap vaccines on November 17, 2015. The respondent denied that the immunizations caused his injury. The parties, however, reached a settlement agreement. On January 30, 2020, they filed a joint stipulation agreeing to settle the case. As part of the settlement, the respondent agreed to issue a lump sum payment of $50,527.64, payable to Michael Anderson, as compensation for all damages. Special Master Mindy Michaels Roth adopted the joint stipulation and awarded compensation in the agreed-upon amount and terms. The decision was filed on January 30, 2020. Petitioner's counsel was Shealene Mancuso, Esq., of Muller Brazil, LLP. Respondent's counsel was Mark Hellie, Esq., of the US Department of Justice. Theory of causation field: Petitioner Michael Anderson alleged that he developed dermatomyositis after receiving the influenza and Tdap vaccines on November 17, 2015. The respondent denied causation. The parties reached a joint stipulation to settle the case, and the Special Master adopted this stipulation. The public decision does not describe the specific theory of causation, any medical experts, or the mechanism of injury. The settlement resulted in a lump sum award of $50,527.64 to petitioner Michael Anderson. The decision was filed on January 30, 2020, by Special Master Mindy Michaels Roth. Petitioner's counsel was Shealene Mancuso, Esq., and respondent's counsel was Mark Hellie, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01017-0 Date issued/filed: 2020-02-24 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 1/30/2020) regarding 34 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (km) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01017-UNJ Document 35 Filed 02/24/20 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1017V Filed: January 30, 2020 * * * * * * * * * * * * * MICHAEL ANDERSON, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Dermatomyositis; Influenza v. * (“Flu”) and Tetanus-Diphtheria- * Acellular-Pertussis (“Tdap”) SECRETARY OF HEALTH * Vaccines AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Shealene Mancuso, Esq., Muller Brazil, LLP, Dresher, PA, for petitioner. Mark Hellie, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On July 28, 2017, Michael Anderson (“Mr. Anderson” or “petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed dermatomyositis after receiving the influenza (“flu”) and tetanus-diphtheria- acellular-pertussis (“Tdap”) vaccines on November 17, 2015. Stipulation, filed January 30, 2020, at ¶¶ 1-4. Respondent denies that any of the aforementioned immunizations caused petitioner’s injury. Stipulation at ¶ 6. 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request 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). Otherwise, the whole Decision will be available to the public. Id. 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). 1 Case 1:17-vv-01017-UNJ Document 35 Filed 02/24/20 Page 2 of 8 Nevertheless, the parties have agreed to settle the case. On January 30, 2020, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $50,527.64 in the form of a check payable to petitioner, Michael Anderson. This amount represents compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:17-vv-01017-UNJ Document 35 Filed 02/24/20 Page 3 of 8 Case 1:17-vv-01017-UNJ Document 35 Filed 02/24/20 Page 4 of 8 Case 1:17-vv-01017-UNJ Document 35 Filed 02/24/20 Page 5 of 8 Case 1:17-vv-01017-UNJ Document 35 Filed 02/24/20 Page 6 of 8 Case 1:17-vv-01017-UNJ Document 35 Filed 02/24/20 Page 7 of 8 Case 1:17-vv-01017-UNJ Document 35 Filed 02/24/20 Page 8 of 8